Legal Literacy - This article discusses the meaning and types of reasons for the elimination of criminal acts. Let's look at the explanation below!

Understanding the Reasons for Eliminating Criminal Acts

Reasons for eliminating criminal acts are reasons that allow people who commit acts that meet the formulation of a crime/criminal act not to be punished.

Regarding this matter KUHP contained in Chapter III of Book I regarding “Reasons for eliminating, reducing, and aggravating crimes”. M.v.T from the Criminal Code (Netherlands) in its explanation regarding the reasons for eliminating criminal acts, states what is called “reasons why a person cannot be held accountable or reasons why a person cannot be punished”. M.v.T mentions 2 (two) reasons:

  1. Reasons why a person cannot be held accountable that lie within the person (inwending), and
  2. reasons why a person cannot be held accountable that lie outside the person (uitweding).

The reason mentioned in number 1 is (a) imperfect or disturbed mental growth due to illness. (article 44), (b) young age. Regarding young age, Indonesia and the Netherlands since 1905 are no longer reasons for eliminating criminal acts).

The reason mentioned in number 2 is contained in Articles 48 to 51 of the Criminal Code, namely coercion (overmacht) (Article 48); forced defense (Article 49); implementing the law (Article 50); carrying out official orders (Article 51).

In addition to the differences explained in M.v.T, the science of Criminal Law also makes its own distinctions, namely:

  1. General reasons for eliminating criminal acts, which generally apply to each second and are mentioned in articles 44, 48 to 51 of the Criminal Code;
  2. Specific reasons for eliminating criminal acts, which only apply to certain seconds, for example:
    • article 166 of the Criminal Code: “the provisions of articles 164 and 165 of the Criminal Code do not apply to people who, because of the notification, are in danger of being prosecuted themselves and so on....”.

Articles 164 and 165 contain the provision: if a person knows that there is treason against a crime that endangers the state and the head of state, then that person must report it.

  • Article 221 paragraph 2: “hiding people who commit crimes and so on”. Here he is not prosecuted if he wants to prevent prosecution from his wife, husband, etc. (people who are still related by blood).

The science of criminal law also makes other distinctions, in line with the distinction between the punishability of the act and the punishability of the perpetrator. Elimination of crime can concern the act or the perpetrator (person). In this case, two types of reasons for eliminating criminal acts are distinguished: