Legal Literacy– Criminal law is one of the most important branches of law in the Indonesian justice system. In criminal law, there are various types of offenses that play an important role in determining whether someone has violated the law or not.
In this article, we will review the different types of offenses in criminal law and provide a deeper understanding of each of them.
Types of Offenses in Criminal Law
Here are some types of offense in criminal law that must be known:
Criminal Offenses and Misdemeanors
Crimes and offenses are the two main categories in criminal law. Criminal offenses, or often called“rechtdelicten,” are offenses formulated in Book II of the Criminal Code (KUHP). On the other hand, offenses, or“wetdelicten,” are formulated in Book III of the Criminal Code. Criminal offenses often include acts that are considered anti-social behavior by society, while misdemeanors are acts that become criminal because they are regulated by law. For example, Article 303 and Article 344 of the Criminal Code are included in criminal offenses, while the use of this term does not always reflect the truth, because there are actions that are only considered crimes because they are regulated in law.
Formal and Material Delicts
A formal offense is a type of offense that emphasizes the prohibition of an act. For example Articles 160, 209, 210, 242, 263, and 362 of the Criminal Code are formal offenses. On the other hand, material offense is a type of offense that emphasizes the consequences of an act. If the result does not occur, the act is only considered an attempted criminal offense. For example Articles 187, 378, and 338 of the Criminal Code are examples of material offenses.
Delict of Commissionis, Delict of Omissionis, and Delict of Commissionis per Omissionem Commissa
A commission offense is a type of offense that involves the violation of a prohibition by an active act. For example, Article 362 of the Criminal Code is an example of a commission offense. An omissionist offense is a type of offense that involves the violation of an order and is often committed by not performing an action. For example, Article 522 of the Criminal Code on failure to appear as a witness is an example of an omission offense. The offense of commissionis per omissionem commissa is a type of offense that involves the violation of a prohibition by passive action. An example is the act of a mother who kills her child by not providing milk, as stipulated in Articles 338 and 340 of the Criminal Code.
Delict of Dolus and Delict of Culpa
A dolus offense is a type of offense that involves an element of intent. Examples are Articles 187, 197, 245, 263, 310, and 338 of the Criminal Code. On the other hand, culpa offenses are types of offenses that involve an element of negligence. Examples are Articles 195, 197, 201, 203, 231 paragraph (4), 359, and 360 of the Criminal Code.
Single and multiple offenses
A single offense is one that must be committed once to be considered a criminal offense. On the other hand, multiple offenses are those that become criminal offenses if committed repeatedly. For example, Article 481 of the Criminal Code on smuggling is a multiple offense.
Completed Offenses and Ongoing Offenses
A completed offense is a type of offense that occurs in one act or that causes a certain result. Examples of completed offenses include murder, sedition, or theft. On the other hand, an ongoing offense is a type of offense that only becomes a criminal offense if the prohibited circumstances continue. An example is Article 333 which deals with depriving another person of their liberty.
Complaint and Ordinary Delicts
A complaint offense is a type of offense whose prosecution is based on a complaint from the victim. Complaint offenses can be divided into two types: absolute complaint offenses and relative complaint offenses. Absolute offenses can only be prosecuted if there is a complaint, while relative offenses can be prosecuted by the victim based on their will. Examples of absolute complaints include Articles 284, 310, and 332 of the Criminal Code.
Simple and Qualified Offenses
There are simple offenses and qualified offenses. Simple offenses such as Articles 351 and 362 of the Criminal Code. Meanwhile, qualified offenses are simple offenses that have certain aggravations that make the sanctions more severe than the original offense sanctions. An example can be seen in Article 363 of the Criminal Code which regulates theft with a heavier penalty than Article 362 of the Criminal Code.
General Offenses and Proprietary Offenses
A general offense is a type of criminal offense that can be committed by anyone. On the other hand, propiria offenses are offenses that can only be committed by certain people. For example, offenses of office can only be committed by the military and so on.
Public Crimes and Political Crimes Offenses
Public crimes are usually committed by perpetrators who are motivated by self-interest. Political crimes, on the other hand, are committed by those who hold certain beliefs and are often against the law.
The importance of understanding Delik in Criminal Law
Delict or criminal offense is an act that is prohibited and if the act is committed, it will be subject to legal sanctions. The importance of understanding the concept of offense in criminal law is to recognize the various types of offenses that apply in Indonesia and to avoid acts that violate the law. In addition, an understanding of the offense also plays a key role in understanding how the law enforcement process works fairly and how legal cases can be adjudicated in a fair manner.
An understanding of complaints and ordinary offenses also plays an important role in the law enforcement process. A complaint offense is a type of offense that can only be followed up if there is a complaint or report from the party who is the victim of the crime. On the other hand, ordinary offenses or offenses that are not complaints are types of offenses that can be directly handled by investigators without requiring the consent of the victim or affected party.
