ANALISIS KASUS TINDAK PIDANA PEMBUNUHAN SEBAGAI UPAYA PEMBELAAN YANG MELAMPAUI BATAS (NOODWEER EXCES). STUDI KASUS PUTUSAN NOMOR : 58/PID.B/2020/PN.LMJ”

Noodweer Exces is an urgent defense made when a person is threatened or attacked unexpectedly, threatening and against the law. Forced defense in the Criminal Code is regulated in Article 49, paragraphs 1 and 2. Forced defense becomes the reason for the elimination of the unlawful nature. Therefore the reason for eliminating the nature of the criminal act can also be called justification. It is often found that the application of the law is different from what has been formulated in the law itself. In other words, there is a gap between the law in a positive sense and the law in reality. This often occurs in all areas of law, including the practice or implementation of criminal law. Therefore, this paper aims to find out the indicators of the determination of an act as noodweer exces and the application of the law of Article 49 of the Criminal Code in decision number: 58/Pid.B/2020/PN.LMJ. This research uses normative juridical methods. The results of this study found contradictory gaps between the judge's decision and the application of Article 49 of the Criminal Code relating to forced defense.