Legal Literacy - The new Criminal Code (KUHP) ratified through Law Number 1 of 2023 and effective since January 2, 2026, brings many changes to the Indonesian criminal justice system. One of the provisions that has attracted attention and has the potential to generate in-depth debate is Article 462, which regulates acts of encouraging, assisting, or providing means to others to commit suicide.

This article affirms that the perpetrator can be sentenced to a maximum of four years in prison if the person who is encouraged or assisted actually dies by suicide. At first glance, this provision appears to provide protection for human life. However, upon further examination, there is a fundamental weakness that makes this article seem silent when the victim survives.

Article 462 of the New Criminal Code Requires Death

The main weakness of Article 462 lies in the element of consequence that requires death. This means that without death, Article 462 cannot be used to ensnare the act. This situation creates a legal vacuum and a dilemma in cases of failed suicide attempts.

Surviving victims often continue to suffer serious consequences, such as organ damage, psychological trauma, or permanent disability. However, regrettably, perpetrators who encourage or provide the means cannot be charged under Article 462. In situations like this, the law seems to have to wait for a life to be lost in order to act, even though the suffering of surviving victims can be just as severe.