# Comparative Analysis of Forced Defence (Noodweer) in Dealing with the Crime of Persecution: A Study of Indonesian Criminal Law and Islamic Law
> Nisrina S.M.

URL kanonis: https://discover.unhas.ac.id/publications/pub_scopus_85173728937
Jurnal / Konferensi: Khazanah Hukum
Tahun terbit: 2023
DOI: https://doi.org/10.15575/kh.v5i2.25825
ISSN: 27159698
Kuartil SJR: Q2
Citations: 2

## Authors
- Nisrina S.M.

## Abstract
This research delves into the legal framework of forced Defence in addressing the crime of persecution, examining its application in Indonesian criminal law and its comparison with Islamic law. The study employs a normative legal approach, utilizing statutory analysis and case study methods to provide insights into the nuanced distinctions between the two legal systems. The investigation reveals that forced defence arrangements are rooted in juridical considerations, which evaluate the circumstances of victims and perpetrators according to the principles and conditions delineated in the Criminal Code. Intent, legal psychology, and human instincts for self-preservation are integral to the evaluation process. Positive and Islamic laws allow forced Defence when actions align with expert opinions and scholarly interpretations. However, Islamic criminal law limits Defence , prohibiting actions that lead to death or adultery. This study contributes to understanding the legal rationale underpinning forced Defence  in the context of persecution. It underscores the similarities and disparities between Indonesian criminal law and Islamic law.

## Keywords
- Law
- Political science
- Criminal law
- Statutory law
- Islam
- Normative
- Context (archaeology)
- Underpinning
- Indonesian
- Sharia
- Criminology
- Sociology
- Organised crime
- Criminal code
- Instinct
- Criminal procedure
- Criminal investigation
- Comparative law
- Culpability
- Public law
- Human rights
- Criminal justice

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Sumber: Discover Unhas — RIMS Universitas Hasanuddin.
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