Classification of Offenses in Criminal Law

Legal Literacy- Criminal law is a branch of public law that regulates the relationship between individuals and the state. Criminal law positions the state as the "opponent" of the perpetrator of a crime because the state is obliged to protect the rights of citizens. Meanwhile, on the other hand, the perpetrator of a crime seizes these rights, which the state has an obligation to protect. Therefore, when a criminal violation occurs, the violator no longer faces the victim of the crime but faces the state. In realizing this goal, criminal law regulates several important aspects, including the division of offenses. An offense itself means an act that is prohibited by criminal law from being committed and is subject to criminal sanctions for violators. The regulation regarding the division of offenses is regulated by criminal law to classify acts or criminal acts and especially in the aspect of evidence.

Formal Offense

A formal offense can literally be understood from the adjective attached to the word offense itself, namely "formal". The word formal which is an attribute of the word offense comes from the word "form" which means shape. Therefore, a simple definition of formal can be drawn, namely in accordance with or related to the external form. The word formal is often equated with the word formal because both come from the word "form" which refers to the external nature of something or the container of something. An example of a statement such as "this procedure is merely formalistic" shows that the "procedure" attached to the word "formal" is only limited to the outside or not something that is the core. If the procedure is the core of something, it will not be attached to the word "formal". Meanwhile, if it is attached to the word "offense", it can at least be understood as an offense or act that refers to the form. The original meaning of a formal offense itself is a criminal act that is completed or perfect when the act has fulfilled the elements in the law. These elements must be fulfilled so that the act considered a criminal act has the form as regulated in the law. The law that regulates the formulation of criminal acts will basically define a criminal act as detailed as possible so that it is not biased. The bias in question is so that the law, either in whole or in part, cannot be used freely to ensnare someone who did not actually commit the criminal act. In order to avoid this bias, the law governing a criminal act also regulates the elements in the act itself, such as the elements of the perpetrator, the act, and the intention. The first two elements must be defined explicitly and clearly in the law. Meanwhile, the third element can be directly understood in context so that it does not require explicit mention. An example of the use of these three elements explicitly in one formulation of an offense is in Article 362 of the Criminal Code (KUHP) which regulates theft. The complete wording of the article is