Legal Literacy - Basically, laws and regulations do not provide a standard definition of attempt in criminal law. However, according to the Indonesian Great Dictionary (hereinafter referred to as “KBBIâ€), an attempt is an effort to try something; an effort to do or carry out something. Attempt in criminal law or poging can be classified as inchoate crime, namely an unfinished act.
In the Criminal Code  (hereinafter referred to as “KUHPâ€), attempt in criminal law is regulated in Article 53 and Article 54 of the Criminal Code. The essence of the norms in each article is as follows.
Several criminal acts are exempted from the above provisions, including Article 351 paragraph (5) of the Criminal Code, Article 352 paragraph (2) of the Criminal Code, Article 302 paragraph (2) of the Criminal Code, and Article 184 paragraph (5) of the Criminal Code.
Attempt in Criminal Law as a Crime
Theoretically, a question arises regarding the attempt in law criminal law, namely whether it constitutes a perfect offense or not. According to Mr. Pompe and Prof. Moeljatno, attempt in criminal law is a complete and comprehensive unity. Attempt in law criminal law is also a specificity of an offense, thus it is referred to as a separate offense or delictum sui generis. On the other hand, Ms. Hezeringkel Suringa and Prof. Oemar Seno Adji argue that attempt in criminal law is an element of criminal responsibility, thus it is not a separate offense, but rather an imperfect offense.
Prof. Moeljatno classifies attempt in criminal law as a completed offense because a person cannot be held criminally responsible if they do not commit a criminal act. This logic, when applied to attempt in criminal law where the perpetrator is held criminally responsible, implies that the perpetrator must have committed a criminal act, so the attempt itself indirectly constitutes a completed offense. Furthermore, in several other articles on attempt, attempt is a separate offense (vide Articles 104, 106, and 107 of the Criminal Code).
Thus, it can be concluded that, according to the opinion that states it as a non-independent/incomplete/imperfect offense, attempt is a reason to expand the punishability of a person, while the opinion that states it as an independent offense, attempt in criminal law is a reason to expand the punishability of a act.
Basically, there are three basic theories in criminalizing attempt, including:
- Subjective Theory, namely the punishability of attempt is based on the existence of the perpetrator's intention/will/inner attitude to commit an act or cause a consequence prohibited by law.
- Objective Theory, namely the punishability of attempt is based on the act committed endangering the public interest protected by law.
- Integration/Mixed Theory, namely the punishability of attempt is based on the perpetrator's dangerous inner attitude and the dangerous nature of the act committed.
Elements of Attempt
According to the provisions of Article 53 paragraph (1) of the Criminal Code, attempt in criminal law consists of intention, commencement of execution, and non-completion of the act not due to one's own will. Each of these three elements will be described in terms of their scope and differences of opinion among legal scholars as follows.
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