Example of Not Punished If There Is No Error

For example, when a person commits an act that the person does not know, it is even impossible to know that the act is a criminal act, and then the person is convicted, it is certain that it will cause injury and injure the sense of justice.

Ideally, in such cases, the offender should be given a warning first. This has been done by existing state instruments, for example, by the Traffic Police (Polantas), where when new road rules are introduced, so many people may not know about them beforehand, violators of these rules are then only given a warning for their mistakes without making a note of this violation in the relevant SIM (Surat Izin Mengemudi).

The Criminal Code Regulations Regarding Impunity for Persons Who Have Committed Criminal Acts

Within the Criminal Code itself, there are several rules regarding the impunity of people who have committed criminal acts, for example Article 44 (regarding people who are not able to take responsibility), Article 48 regarding people who commit criminal acts due to coercion (overmacht). In Article 44 of the Criminal Code, it is stated that a person whose soul is defective or disturbed due to an illness cannot be held accountable for their criminal acts.

Meanwhile, Article 48 of the Criminal Code states that a person who commits a criminal act under duress is not punishable, for example, forced because they receive threats from other parties or forced to simply defend themselves from danger.

These are some manifestations of the principle: no crime if there is no fault, from the examples above it turns out that to be sentenced to a crime, it is not enough for the defendant to only violate the prohibition, in addition, he must know at least possibly to know the existence of the prohibition. Then he must also be a person who is able to take responsibility according to criminal law. Also, he must carry out his actions without any internal pressure from outside (coercion).