Actus Non Facit Reum, Nisi Mens Sit Rea Modern criminal law stands on the timeless Latin adage:

Hukum pidana modern berdiri di atas adagium Latin yang tak lekang oleh waktu: actus non facit reum, nisi mens sit rea. That is, a physical act (actus reus) does not make a person guilty, unless their mind is also guilty (mens sit rea). Every crime, in essence, is a combination of these two elements. Actus reus is the objective element that is visible, namely an act prohibited by law. In the context of Article 2 of the Anti-Corruption Law, the element actus reus- is "committing an act of enriching oneself or another person or a corporation that can harm state finances or the state economy."

However, the physical act alone is not enough. There must be a subjective element, namely the mental attitude or criminal responsibility of the perpetrator. This is what is called or error) is no longer relevant. It is enough that the objective elements are fulfilled—illegally, enriching oneself, and harming state finances—a person can be convicted. This view is not only academically misleading, but also threatens the most fundamental principle in criminal law: no crime without fault. or in Indonesian criminal law doctrine known as "kesalahan" (fault). This fault can take the form of intent (dolus or opzet) or negligence (culpa).

Negating the obligation to prove or error) is no longer relevant. It is enough that the objective elements are fulfilled—illegally, enriching oneself, and harming state finances—a person can be convicted. This view is not only academically misleading, but also threatens the most fundamental principle in criminal law: no crime without fault. is the same as reducing criminal law to merely administrative law. This will open the door for criminalization of actions that, although administratively incorrect and causing state losses, are not based on malicious intent or even blameworthy negligence. A regional head who signs a document based on the technical recommendations of his staff which turn out to be incorrect, without him knowing or being reasonably expected to know the error, can immediately be criminally charged. This is not criminal justice, but legalistic tyranny.

Principle geen straf zonder schuld (no punishment without guilt) is the soul of criminal law. It is an unwritten principle (unwritten law) but universally recognized as a protective fortress of human rights. Ignoring it means betraying the essence of criminal law itself. Therefore, the absence of the formulation "with intent" in Article 2 does not automatically eliminate the requirement or error) is no longer relevant. It is enough that the objective elements are fulfilled—illegally, enriching oneself, and harming state finances—a person can be convicted. This view is not only academically misleading, but also threatens the most fundamental principle in criminal law: no crime without fault.; on the contrary, the condition is inherently attached based on the most fundamental doctrine.