Penghentian Penyidikan Perkara Tindak Pidana oleh Kepolisian Dengan Alasan Pembelaan Terpaksa (Noodweer)

Abstract

In the criminal act investigation stage, the police, in this case the investigator, has the duties and powers based on statutory regulations to conduct investigations. In addition, investigators can also continue or stop the investigation of criminal cases on the basis or assessment according to statutory regulations. In its development, it has been regulated in Law number 1 of 2023 concerning the Criminal Code in article 34 which states that "Every person who is forced to commit an act that is prohibited is not punished, if the act is committed because of the defense against an attack or the threat of an instant attack against law against oneself or others, honor in the sense of decency, or one's own or other people's property. The purpose of this study is to find out and explain whether during the investigation process the Police in their duties and authorities as investigators can stop the investigation on the grounds of forced defense (noodweer). And to find out and explain what problems arise when an investigation of a criminal act is terminated by reason of forced defense. The type of research used is normative legal research with statutory and conceptual approaches, and uses descriptive analysis, analysis and argumentation.