“PENERAPAN PEMBELAAN DIRI YANG MELAMPAUI BATAS (NOODWEER EXCES) DALAM PENYELESAIAN PERKARA TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN MATI” (Studi Kasus Putusan Nomor 64/Pid.B/2024/PN.Mlg)

This research is motivated by a case of assault involving excessive self-defense as stated in case number 64/Pid.B/2024/PN.Mlg. This study aims to analyze the judge's consideration of the perpetrator of excessive self-defense and the application of articles related to the grounds for exemption in this case. Using an empirical juridical legal research method, this study analyzes the application of Article 49 paragraph 2 of the Criminal Code to the case. The results of the study show that the judge has not been able to provide justice for the defendant who commits excessive self-defense if certain conditions are met, such as the presence of severe emotional shock. The application of the article on excessive self-defense can be a mitigating factor that can exempt the defendant from criminal liability.
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