FORCEFUL DEFENSE AGAINST CRIMINAL ROBBERY IN THE PERSPECTIVE OF THE NEW CRIMINAL CODE: ANALYSIS OF JUSTIFICATION CLAUSES AND THEIR LIMITATIONS

Abstract

Robbery with violence constitutes one of the most prevalent forms of street crime and poses serious threats to personal safety, property, and public security. In situations of distress caused by immediate attacks or threats of violence, victims of robbery often engage in resistance as an act of self-defense. However, such actions frequently give rise to legal complications when they result in serious injury or death of the perpetrator, thereby placing the victim at risk of being classified as a criminal offender. This study focuses on analyzing the regulation and limitations of self-defense in cases of robbery with violence under the perspective of the New Indonesian Criminal Code. The issues examined concern the regulation of self-defense as a justification and an excuse, as well as its implications for the legal protection afforded to victims of robbery. This research employs a normative legal research method using a statutory approach and qualitative literature analysis. The findings indicate that the New Criminal Code, through its regulation of self-defense and excessive self-defense, provides a more comprehensive legal framework oriented toward substantive justice by emphasizing the principles of proportionality, subsidiarity, and the psychological condition of the victim. Such regulation is expected to prevent the criminalization of victims of robbery and to ensure legal certainty in criminal law enforcement.

Keywords : Self-defense, Excessive self-defense, and Victim Protection