Critiquing Article 462 of the New Criminal Code: Silence in the Face of Surviving Victims

By Noki Kurniawan

27 Mar 2026 20:30 WIB 27 March 2026 20:30 WIB 5 minutes reading time: 5 minutes 0 read

Article 462 of the new Criminal Code is criticized for only ensnaring perpetrators if the victim's suicide results in death, neglecting the suffering of surviving victims.

Ilustrasi seseorang di dalam ruangan gelap gulita, kerap digunakan untuk merepresentasikan kesepian dan kondisi psikologis yang berindikasi memunculkan ide bunuh diri. (Source: Freepik)

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Table of Contents

Article 462 of the New Criminal Code Requires Death
Surviving Victims Still Experience Severe Suffering
Case Examples Showing Legal Loopholes
Why Article 462 Needs to Be Strengthened
Steps That Can Be Considered
Closing

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Section 3/3: Why Article 462 Needs to Be Strengthened

Why Article 462 Needs to Be Strengthened

Normatively, it is true that criminal law often requires certain consequences to ensnare perpetrators. However, in the context of suicide, the consequences should not only be measured by death. A failed suicide attempt is still a form of serious material and immaterial loss.

Several countries have anticipated this by expanding the scope of their laws. There, encouraging or assisting a suicide attempt can still be seen as a criminal act, even if the victim survives. Providing dangerous means can also be subject to charges of negligence or abuse.

Indonesia at least needs to consider adapting such practices in the application of Article 462. This step is important so that the law does not lose its relevance when dealing with real cases.

Steps That Can Be Considered

To close the existing legal loopholes, there are several steps that can be considered.

First, revise Article 462 by adding a clause that includes conditions when the victim does not die, but suffers serious injury or illness as a result of the assistance or encouragement of another person.

Second, integrate Article 462 with other articles, such as articles on attempted crimes or other related articles, so that perpetrators can still be held accountable.

Third, encourage a restorative justice approach that provides space for victims to obtain recovery, both legally and psychologically, without having to wait for fatal consequences.

Fourth, strengthen legal and social education to foster awareness that providing encouragement or means for suicide is a dangerous act, even if the victim survives.

Closing

Article 462 of the new Criminal Code is present with the spirit of protecting human life. However, its weakness, which only applies if the victim dies, makes the law seem silent in the face of victims who survive.

In practice, this has the potential to create injustice, weaken the legal message, and allow perpetrators to escape responsibility. Therefore, the revision and strengthening of Article 462 is an urgency that deserves consideration. Criminal law must be able to protect humans completely, not only when life is lost, but also when physical and mental suffering threatens the victim's life.