The Implementation of Noodweer Exceeds To Perpetrators of Murder in ThePractice of Criminal Justice Practices in Indonesia

Article 49 of the indonesian criminal code regulates acts of emergency defense or forceddefense (noodweer) for oneself or others, honor, decency or property of themselves or others, becausethere is an attack or threat of a very close attack. the provision on emergency defense (noodweer exces)is a universal principle that the state is not fit to sue its citizens to surrender to let injustice befall them,injustice need not defeat the law. noodweer exces is a defense caused by a great mental shock. not allacts that fulfill all elements of a criminal offense can be convicted of a criminal offense, but the judge cangive an acquittal or acquittal. the possibility of a judge giving a free decision on a criminal offense thathas been committed is part of the principle in the criminal justice system in force in indonesia. theproblem is, are there reasons justified by criminal law for a judge to give an acquittal decision or theperpetrator's actions cannot be accounted for a criminal offense committed. the reason referred to isinterpreted as a reason for a criminal eraser or a reason for criminal negation.