In-Depth Understanding of 10 Types of Offenses in Criminal Law

Legal Literacy - Criminal law is an important branch of law in the Indonesian justice system. In criminal law, there are various types of offenses that play an important role in determining whether a person has violated the law or not.

Types of Offenses in Criminal Law

Felony Offenses and Misdemeanor Offenses

Here are some types of offenses in criminal law that you should know: Criminal offenses and violations are two main categories in criminallaw. Criminal offenses, or often called "rechtdelicten Criminal Law ," are offenses formulated in Book II of the Criminal Code(KUHP). On the other hand, violations, or "wetdelicten

Formal Offenses and Material Offenses

," are formulated in Book III of the Criminal Code. Criminal offenses often include acts that are considered anti-social behavior by society, while violations are actions 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, although the use of this term does not always reflect the truth, because there are acts that are only considered crimes because they are regulated by law.

Commissionis Offenses, Omissionis Offenses, and Commissionis per Omissionem Commissa Offenses

Formal offenses are types of offenses that emphasize the prohibition of an act. Examples of Articles 160, 209, 210, 242, 263, and 362 of the Criminal Code are included in formal offenses. On the other hand, material offenses are types of offenses that emphasize the consequences of an act. If the consequences do not occur, the act is only considered an attempted crime. Examples of Articles 187, 378, and 338 of the Criminal Code are examples of material offenses.

Dolus Offenses and Culpa Offenses

Commissionis offenses are types of offenses that involve violating a prohibition with an active action. An example of Article 362 of the Criminal Code is an example of a commissionis offense. Omissionis offenses are types of offenses that involve violating an order and are often committed by not taking an action. An example of Article 522 of the Criminal Code regarding not appearing as a witness is an example of an omissionis offense. Commissionis per omissionem commissa offenses are types of offenses that involve violating a prohibition with a passive action. An example is the act of a mother who kills her child by not giving breast milk, as regulated in Articles 338 and 340 of the Criminal Code.

Single Offenses and Multiple Offenses

Dolus offenses are types of offenses that involve an element of intent. Examples include 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 include Articles 195, 197, 201, 203, 231 paragraph (4), 359, and 360 of the Criminal Code. A single offense is a type of offense that only needs to be committed once to be considered a criminal act. On the other hand, a multiple offense is a type of offense that only becomes a criminal act if it is

Completed Offenses and Continuing Offenses

A completed offense is a type of offense that occurs in a single act or that results in a specific consequence. Examples of completed offenses include murder, incitement, or theft. On the other hand, a continuing offense is a type of offense that only becomes a crime if the prohibited condition continues. An example is Article 333, which regulates the deprivation of another person's liberty.

Complaint Offenses and Ordinary Offenses

A complaint offense is a type of offense where prosecution is based on a complaint from the victim. Complaint offenses can be divided into two types: absolute complaint offenses and relative complaint offenses. An absolute complaint offense can only be prosecuted if there is a complaint, while a relative complaint offense can be prosecuted by the victim at their discretion. Examples of absolute complaint offenses are included in Articles 284, 310, and 332 of the Criminal Code.

Simple Offenses and Qualified Offenses

There are simple offenses and qualified offenses. Simple offenses include Articles 351 and 362 of the Criminal Code. Meanwhile, a qualified offense is a simple offense with certain aggravating circumstances that make the sanction more severe than the original offense's sanction. An example can be seen in Article 363 of the Criminal Code, which regulates theft with a threat of criminal penalties more severe than Article 362 of the Criminal Code.

General Offenses and Propria Offenses

A general offense is a type of crime that can be committed by anyone. On the other hand, a 'delik propiria' is an offense that can only be committed by certain people. For example, an official offense can only be committed by the military, and so on.

Offenses Constituting Common Crimes and Political Crimes

Common crimes are usually committed by perpetrators motivated by personal interests. Meanwhile, political crimes are committed by those who have certain beliefs and often oppose the prevailing laws and regulations.

The Importance of Understanding Offenses in Criminal Law

An offense or crime 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 offenses in criminal law is to recognize the various types of violations that apply in Indonesia and to avoid actions that violate the law. In addition, understanding offenses also plays a key role in understanding how the law enforcement process works fairly and how legal cases can be tried in a fair manner. Understanding complaint offenses and ordinary offenses also plays an important role in the law enforcement process. A complaint offense is a type of violation that can only be followed up if there is a complaint or report from the victim of the crime. On the other hand, an ordinary offense or an offense that is not a complaint offense is a type of violation that can be directly handled by investigators without requiring approval from the victim or the affected party.