Legal Literacy - Basically, laws and regulations do not provide a standard definition of attempt in criminal law. However, according to the Great Indonesian Dictionary (hereinafter referred to as “KBBI”), an attempt is an effort to try something; an effort to do or do something. Attempt in criminal law or poging can be classified as inchoate crime, namely an unfinished act.

In Criminal Code (hereinafter referred to as “KUHP”), attempt in criminal law is regulated in Article 53 and Article 54 of the KUHP. The essence of the norms in each article is as follows.

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Several criminal acts are exempt 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 is a perfect crime or not. According to Mr. Pompe and Prof. Moeljatno, the attempt in criminal law is a complete and complete unit. Criminal attempt is also a peculiarity of a crime so it is called a crime that stands alone or in law delictum sui generis. On the other hand, Ny Hezeringkel Suringa and Prof. Oemar Seno Adji argue that attempt in criminal law is an element of criminal responsibility so it is not a crime that stands alone, but an imperfect crime. Di lain sisi, Ny Hezeringkel Suringa dan Prof Oemar Seno Adji berpendapat bahwa percobaan dalam hukum pidana merupakan unsur pertanggungjawaban pidana sehingga bukan merupakan delik yang berdiri sendiri, melainkan delik tidak sempurna.

Prof. Moeljatno classifies attempts in criminal law as a completed offense because a person cannot be held criminally liable if they do not commit a criminal act. This logic, when attached to attempts in criminal law where the perpetrator is held criminally liable, means that the perpetrator must have committed a criminal act, so the attempt itself is indirectly a completed offense. In addition, in several other articles on attempts, the 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/completed/perfect offense, an attempt is a reason to expand the criminal liability of people, while the opinion that states it as an independent offense, an attempt in criminal law is a reason to expand the criminal liability of an act.