Self-defense Artinya

[Osman Briseno]

Thebrutal terrorist operation conducted by Hamas against Israeli civilians over the last week constitutes a mass war crime, a shocking crime against humanity, an illegal invasion of a sovereign country, and the most murderous assault on Jewish civilians since the Holocaust.

Because hostage-taking is a war crime and a crime against humanity, the current hostage crisis is a global emergency. We must continue to demand, and work for, the immediate safe return of all 150 hostages, among them both Israelis and Americans, who are being held captive by Hamas terrorists in Gaza today. We must place paramount priority on their unconditional release and return to freedom and safety. I have spoken to friends and relatives of the hostages who insist that both the public and government officials not lose sight of this emergency situation for their loved ones and the central human reality and tragedy of the conflict.

This is a profoundly difficult time, with grief, rage, and anguish buffeting family life, world opinion and official decision-making. The terrorist atrocities unleashed on Israel by Hamas demand a forceful and strategic response in a just war of self-defense to destroy Hamas, which represents a continuing lethal threat to Israelis and the safety of people all over the world. This war must be carefully contained, limited and focused; it must not be allowed to spread into a regional conflict. A just war at its inception, it must be prosecuted justly, as President Biden has repeatedly urged, according to humanitarian law and the laws of war. The grotesque terrorist crimes of Hamas were not committed by the Palestinian people, and more than two million Palestinian civilians cannot be punished for the grotesque terrorist crimes of Hamas. All of us must work however we can for peace and for a future of mutual security, human rights and decency for the people of Israel, Gaza and the Middle East.

Nah, itulah yang biasanya dikenal dengan istilah self-defense mechanism! Tapi sebelum kita bahas lebih lanjut tentang definisi self defense mechanism, coba deh inget-inget lagi, siapa yang pernah ngelakuin hal-hal kayak di bawah ini:

Berdasarkan kajian psikologi, definisi self defense mechanism sederhananya adalah mekanisme perlawanan kalo seseorang lagi ada di situasi negatif. Lengkapnya, dikutip dari laman SehatQ, definisi self defense mechanism adalah mekanisme pertahanan ngadepin situasi, pikiran, atau kondisi yang bikin diri merasa gak nyaman.

Misalnya: Seseorang yang trauma karena pernah tenggelam, biasanya bakal ngehindarin sesuatu yang berhubungan sama air. Mirip kayak jenis self-defense mechanism penyangkalan, sebaiknya kebiasaan yang satu ini juga jangan terlalu lama dibiarin. Kenapa? Karena kita gak bisa selamanya ngehindar terus-menerus, kan?

Misalnya: Dia sebenarnya lagi stres banget, tapi justru dia keliatan happy dan baik-baik aja. Istilahnya sih, fake it until you make it. Eits, tapi yang perlu diingat, sekali-kali kita harus jujur juga lho sama perasaan kita sendiri!

Idealnya, self-defense mechanism bisa bikin kita ngerasa lebih baik, bisa nerima permasalahan kita, dan ngebantu nemuin solusi yang tepat setiap menghadapi hal-hal negatif atau negative vibes. Jadi, penting banget buat kita menerapkan self-defense mechanism yang membawa kita ke arah-arah lebih positif, bukannya yang malah merugikan diri sendiri atau orang lain.

The gay panic defense or homosexual advance defence is a victim blaming strategy of legal defense, which refers to a situation in which a heterosexual individual charged with a violent crime against a homosexual (or bisexual) individual claims they lost control and reacted violently because of an unwanted sexual advance that was made upon them.[1][2][3][4][5] A defendant will use available legal defenses against assault and murder, with the aim of seeking an acquittal, a mitigated sentence, or a conviction of a lesser offense. A defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating.[6]

The gay panic defense grew out of a combination of legal defenses from the mid-nineteenth century and a mental disorder described in the early twentieth, seeking to apply the legal framework of the temporary insanity defense, provocation defense, or self-defense, often by using the mental condition of "homosexual panic disorder".

Edward J. Kempf, a psychiatrist,[11] coined the term "homosexual panic" in 1920 and identified it as a condition of "panic due to the pressure of uncontrollable perverse sexual cravings",[12] and classified it as an acute pernicious dissociative disorder, meaning that it involved a disruption in typical perception and memory functions.[citation needed] Kempf identified the condition during and after World War I at St. Elizabeths Hospital in Washington, D.C.[13]

The disorder was briefly included in DSM-1 as a supplementary term in Appendix C[14] but did not appear in any subsequent editions of DSM and thus is not considered a diagnosable condition by the American Psychiatric Association.[15]

Unlike the legal defense created later and named after it, the onset of the condition was not attributed to unwanted homosexual advances. Rather, Kempf stated that it was caused by the individual's own "aroused homosexual cravings".[16]

Homosexual panic as a mental health disorder is distinct from the homosexual panic defense (HPD) (also known as "gay panic defense") within the legal system. Whereas homosexual panic disorder was at one point considered a diagnosable medical condition, the HPD implies only a temporary loss of self-control.[17]

The gay panic defense strategy usually falls into three categories of defenses: the provocation defense, self defense (including imperfect self defense) and insanity based defenses (including temporary insanity, irresistible impulse, and diminished responsibility).[18] [19] The gay panic defense is not a stand-alone defense, but rather a legal tactic used by the defense which seeks to obtain an acquittal, a mitigated sentence, or a conviction of a lesser offense.[19]

Although the homosexual advance defence cannot be found anywhere in legislation, its entrenchment in case law gives it the force of law. ... Several Australian states and territories have either abolished the umbrella defence of provocation entirely or excluded non-violent homosexual advances from its ambit. Of those that have abolished provocation entirely, Tasmania was the first to do so in 2003.

In Australia, as of 2023, all Australian states have either abolished the provocation defense altogether (Tasmania in 2003, Victoria in 2005, Western Australia in 2008 and South Australia in 2020), or have restricted its application.Queensland restricted the defense of provocation in 2011, and further restricted it in 2017 (with a clause to allow it in 'exceptional circumstances' to be determined by a magistrate).[23] In a differing approach, New South Wales, the ACT and Northern Territory have implemented changes to stipulate that non-violent sexual advances (of any kind, including homosexual) are not a valid defense.[22] In New South Wales, the law on provocation was amended to provide that the provocative conduct of the deceased must also have constituted a serious indictable offense.[24]

South Australia was the first Australian jurisdiction to legalize consensual homosexual acts in 1975; however, as of April 2017[update] it was the only Australian jurisdiction not to have repealed or overhauled the gay panic defense.[25] In 2015, the South Australian state government was awaiting[26][27] the report from the South Australian Law Reform Institute and the outcome of the appeal to the High Court from the Court of Criminal Appeal of South Australia. In 2011, Andrew Negre was killed by Michael Lindsay bashing and stabbing him. Lindsay's principal defense was that he stabbed Negre in the chest and abdomen but Negre's death was the result of someone else slitting Negre's throat. The secondary defense was that Lindsay's action in stabbing Negre was because he had lost self-control after Negre made sexual advances towards him and offered to pay Lindsay for sex. The jury convicted Lindsay of murder and he was sentenced to life imprisonment with a 23-year non-parole period. The Court of Criminal Appeal upheld the conviction, finding that the directions to the jury on the gay panic defense were flawed, but that every reasonable jury would have found that an ordinary person would not have lost self-control and acted in the way Lindsay did.[28] The High Court held that a properly instructed jury might have found that an offer of money for sex made by a Caucasian man to an Aboriginal man in the latter's home and in the presence of his wife and family may have had a pungency that an unwelcome sexual advance made by one man toward another in other circumstances would not have.[29][30] Lindsay was re-tried and was again convicted of murder. The Court of Criminal Appeal upheld the conviction,[31] and an application for special leave to appeal to the High Court was dismissed.[32] In April 2017, the South Australian Law Reform Institute recommended that the law of provocation be reformed to remove discrimination on the basis of sexual orientation and/or gender, but that the removal of a non-violent sexual advance as a partial defence to murder be deferred until stage 2 of the report was produced.[25] Finally, in 2020, South Australia abolished the defense of provocation altogether.[33]

In 2023, one Hector Enrique Valencia Valencia in New South Wales was found not guilty of murder after discovering a sex worker he'd engaged with was a trans woman and proceeding to strangle her with a telephone cord. The presiding justice stated that it could not be proven beyond a reasonable doubt that Valencia had intended to seriously harm her. He was instead found guilty of manslaughter.[34][35][36]

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