Analisis Hukum terhadap Penerapan Upaya Pembelaan (Noodweer) dalam Kasus Tindak Pidana ITE (Studi Putusan Nomor: 2379/Pid.Sus/2023/PN.Mdn)

Abstract

The advancement of information technology has introduced new challenges to Indonesia’s criminal justice system, particularly in relation to cybercrime. One critical issue that has emerged is the application of the concept of self-defense (noodweer) within the framework of the Law on Electronic Information and Transactions (ITE Law). This study aims to analyze the legal justifiability of self-defense in cybercrime cases, with a focus on Decision No. 2379/Pid.Sus/2023/PN.Mdn. The research addresses the following problems: (1) the legal regulation of self-defense under Indonesian criminal law, (2) the evidentiary assessment of noodweer elements in cases involving attacks or threats via electronic media, and (3) judicial considerations in adjudicating digital self-defense claims. This research employs a normative juridical approach using descriptive-analytical methods based on literature review, court rulings, and statutory provisions. The findings indicate that Article 49 of the Indonesian Penal Code (KUHP) and Article 34 of the National Criminal Code provide a legal foundation for self-defense; however, its application in the digital sphere remains subject to interpretative uncertainty. The intangible nature of electronic evidence presents challenges in proving the existence of “immediate and unlawful attacks” and the proportionality of defensive acts. In Decision No. 2379/Pid.Sus/2023/PN.Mdn, the court rejected the defendant’s claim of self-defense on the grounds of feeling threatened by media reports, arguing that alternative legal remedies such as the right of reply were still available. This decision highlights the judiciary’s limited recognition of psychological and reputational harm within cyberspace. Therefore, the development of more contextual legal interpretations and technical guidelines is needed to ensure the continued relevance of self-defense rights in the digital era. Criminal law must evolve in response to the increasingly prevalent non-physical threats occurring in virtual spaces.