Perlindungan Hukum Tindakan Pembelaan Terpaksa yang Melampaui Batas (Noodweer Exces) oleh Korban Kekerasan Seksual

Abstract

The action of forced defence, known as noodweer exces, is a complex legal issue, especially when it involves victims of sexual violence. Forced defence in Indonesian law is regulated in Article 49 of the Criminal Code. It makes it possible to exempt a person from punishment or make a person who commits a criminal act go unpunished. However, there are various interpretations of the article. Through a normative juridical research approach, this study aims to analyze how Indonesian criminal law views and regulates such acts, especially in the context of legal protection for victims of sexual violence. This is important given that the legal protection of victims of sexual violence in Indonesia is still not optimal due to a lack of understanding of the psychological impact of sexual violence and how this psychological condition affects the actions taken by victims.