Materials Criminal Law

How to Report the Crime of Forcible Entry into a House Based on the New Criminal Code

Someone enters a house/yard without permission and refuses to leave? Refer to Article 257 of the New Criminal Code: elements of the act, threats of 1–2 years, category II–III fines, plus evidence tips and safe steps.

Ilustrasi penjelasan unsur pidana terkait pemaksaan masuk rumah atau pekarangan orang lain tanpa izin.
Ilustrasi penjelasan unsur pidana terkait pemaksaan masuk rumah atau pekarangan orang lain tanpa izin. (Source: AI Gemini, Redaksi Literasi Hukum Indonesia)

Legal Literacy - Cases like the one you described actually happen quite often, especially in social conflicts: excessive debt collection, house/inheritance disputes, parking/neighbor issues, or work conflicts that are "brought" home. What complicates matters for victims is usually not just fear, but also confusion: "If I report it, what article applies? Do I have to wait until there is damage first?"

Now, the New Criminal Code provides a clear foundation through Article 257.

Article 257 of the New Criminal Code Protects “Safe Spaces”: Houses, Enclosed Rooms, and Enclosed Yards

Article 257 paragraph (1) essentially prohibits two forms of action:

  1. Forced entry into a house, enclosed room, or enclosed yard used by another person.
  2. Already being inside unlawfully, then not leaving immediately after being asked by the entitled party or their representative.

This is important for victims because many incidents do not involve "breaking down doors," but rather someone already entering first, and then refusing to leave and persisting when asked to leave.

The sanction for this basic form is imprisonment for a maximum of 1 year or a fine of Category II.

“Not Damaging the Door” Does Not Mean Safe: The Key Lies in Acting Against Will and the Request to Leave

Many victims hesitate because the perpetrator does not damage the door or break anything. However, this article does not…

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