Materials Criminal Law

Extorted or Threatened to Have Secrets Revealed? These are Articles 482–483 of the New Criminal Code and the Maximum Penalties

Did the perpetrator force you to pay with threats of violence or threats to reveal secrets? Note the differences between extortion (Article 482) and threats (Article 483) in the New Criminal Code, prison/fine sanctions, complaint offenses, and the evidence that victims need to prepare.

Ilustrasi perbedaan pemerasan dan pengancaman dalam KUHP Baru, beserta ancaman hukuman bagi pelaku.
Ilustrasi perbedaan pemerasan dan pengancaman dalam KUHP Baru, beserta ancaman hukuman bagi pelaku. (Source: AI Gemini, Redaksi Literasi Hukum Indonesia)

Extortion vs. Threat in the New Criminal Code: The Difference Lies in the “Method of Pressuring” the Victim

The quickest way to distinguish between the two: look at the way the perpetrator coerces. If the pressure involves violence or threats of violence (e.g., “I'll hit you”, “I'll strangle you”, “I'll bring people”, “I'll come to your house”), it's closer to extortion.

If the pressure involves threats to damage honor/reputation (defamation) or threats to reveal secrets (“I'll spread your shame”, “I'll expose your chats”, “I'll send photos/videos to your family/office”), it's closer to threat in the sense of Article 483 of the New Criminal Code.

The official explanation of the New Criminal Code confirms this distinction in fairly “firm” language: in extortion, the coercion is more physical/external (e.g., pointing a weapon), while in threats, the means of coercion are more non-physical/internal (defamation/libel or revealing secrets). If you are a victim, this distinction helps you avoid being “wrong about the article” from the start.

Article 482 of the New Criminal Code: Extortion and the Maximum Threat of Punishment

Article 482 of the New Criminal Code regulates extortion. The structure of the article is typical of property offenses: there is intent to benefit unlawfully, there is an act of coercion, and there is an object that is forced to be handed over (goods/debts/receivables).

In layman's terms, extortion usually “happens in the field”: the perpetrator pressures the victim with violence or threats of violence to hand over something. The form of “something” is not just cash; this article also mentions scenarios such as forcing the victim to make a debt acknowledgment or waive receivables.

In criminal law literature, this element is often explained from two sides: the subjective side (there is an intention to benefit oneself/others unlawfully) and the objective side (the act is in the form of coercion with violence/threats of violence). A number of normative juridical studies on extortion (referencing the old Criminal Code) emphasize the same pattern: the act is coercive, the means of coercion are violence/threats of violence, and the object can be goods or debt-receivable relations—which helps readers understand that “extortion” is not just asking for money, but there is a structure of elements that must be proven.

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