PENAL CODE OF INDONESIA
BOOK I
General Provisions
CHAPTER I
Extent of operation of the statutory
penal provisions
Article 1
(1)
No
act shall be punished unless by virtue of a prior statutory penal provision.
(2)
In case of alteration in the legislation
after the date of commission of the act, the most favourable provisions for the
accuse shall apply.
Article 2
The Indonesian statutory
penal provisions are applicable to any person who is guilty of a punishable act
within Indonesia.
Article 3
The
Indonesian statutory penal provisions are applicable to any person who is
guilty of a punishable act outside Indonesia on board an Indonesian vessel or
aircraft.
Article 4
The Indonesian statutory penal provisions are
applicable to any person who outside Indonesia is guilty of:
1st, one of the crimes described in articles 104,
106, 107, 108, 110. 111 bis, under 1st, 127 and 131;
2nd-ly,
any crime with respect to coin or paper money issued by the State or by
the Bank, or with
respect to stamps issued and marks
used by the Indonesian Government;
3rd-ly,
Forgery of debetures of debt certificates changeable to Indonesia, to a
region or part of a
region, including counterfoils,
evidence of dividends and interests belonging to said documents,
and certificates issued in
lieu of said documents, or the use of such false or forged documents
as if it genuine and unfalsified;
4th-ly, one of the crimes described in articles 438,
444-446, as far as they concern piracy, and those
crimes described in article 447
relating to the surrender of a vessel to pirates, and article 479j
relating to the unlawful
exercises of control of aircraft, article 479i, m, n and o relating to crimes
which jeopardize the safety of civil
aviation.
Article 5
(1)
The
Indonesian statutory penal provisions are applicable to an Indonesian National
who outside Indonesia
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commits:
1st, one of the crimes described
in Chapters I and II of the second Book, and in articles 160, 161,
240, 279, 450 and 451;
2nd-ly, an act deemed by the Indonesian statutory penal
provisions to be a crime and on which punishment is imposed by the law of the
country where it has been committed.
(2)
The prosecution of the crime referred to
under secondly may also be instituted if the accused becomes a subject after
the commission of the act.
Article 6
The
applicability of article 5, first paragraph, 2nd-ly, is limited such that the
capital punishment cannot be imposed upon an act which the capital punishment
is not provided for by the law of the country where the act has been committed.
Article 7
The Indonesian statutory
penal provisions are applicable to the Indonesian official who outside
Indonesia is guilty of one of the crimes described in Chapter XXVIII of Book
II.
Article 8
The
Indonesian statutory penal provisions are applicable to the shipper and those
on board an Indonesian vessel who outside Indonesia, also when not on board, is
guilty of one of the punishable acts, described in Chapter XXIX of Book II and
Chapter IX of Book III, including the general regulations on sea-letters and
certificates of registry in Indonesia and in the "Schepen Ordonnantie
1927" (Ships Ordinance 1927).
Article 9
The applicability of articles 2-5, 7 and 8
are restricted by the exceptions recognized in international law.
CHAPTER II
Punishments
Article 10
The punishments are:
a.
basic
punishments:
1st, capital punishment,
2nd-ly, imprisonment,
3rd-ly light imprisonment,
4th-ly, fine;
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b.
additional
punishments:
1st, deprivation of certain rights,
2nd-ly, forfeiture of specific property,
3rd-ly, publication of judicial verdict.
Article 11
The capital punishment shall
be executed by shooting the sentenced person to death (As amended by article 1
of Act No. 2/Pnps/1964).
Article 12
(1)
The
imprisonment is for life or temporary.
(2)
The
term of the temporary imprisonment is at least one day and at most fifteen
consecutive years.
(3)
Temporary imprisonment may be imposed for at
most twenty consecutive years in cases where in the discretion of the judge the
crime is punishable by capital punishment, life-long and temporary
imprisonment, or life-long or temporary imprisonment, and in those cases where
by reason of a sentence increace because of conjunction of crimes, recidivism
of crime or the provisions under article 52, and 52a, the term of fifteen years
is exceeded.
(4)
In
no case the term of twenty years may be exceeded.
Article 13
The persons sentenced to imprisonment are
classified into categories.
Article 14
The person sentenced to
imprisonment shall perform the labour imposed upon him accordance with the
regulation laid down for the implementation of article 29.
Article 14a
(1)
In case of sentence to imprisonment of at
most one year and in case of sentence to light imprisonment not including
substitutive light imprisonment, the sentencing judge my also give the order
that the punishment shall not be executed, unless later on by judicial verdict
may be ordered otherwise by reason that the sentenced person before termination
of a probation period determined by the order has committed a punishable act or
during said probation period has not fulfilled a special condition, which may be
stipulated by the order.
(2)
The sentencing judge has the same competence,
except in cases of State's resources and leases, in case of a sentence to fine,
but only if it is evident to him that the payment of the fine or the
forfeiture, which may also be pronounced, produces severe difficulties to the
sentenced person.
Crimes and misdemeanours
concerning opium are regarded for the applicability of this paragraph to be
concerned only with State's resources, as far as with respect to those crimes
and misdemeanours, it is provided that in case of a sentence to fine the
provisions of article 30 paragraph 2 shall not apply.
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(3)
With respect to the basic punishment the
order also covers, as far as the judge does not provide otherwise, the imposed
additional punishments.
(4)
The order shall not be issued, unless the
judge after close examination is convinced that adequate supervision can be
exercised on the fulfilment of the general condition that the sentenced person
will not commit a punishable act and of the special conditions if these were
imposed.
(5)
The verdict containing the order referred to
in the first paragraph, shall incorporate the causal facts or circumstances on
which it was based.
Article 14b
(1)
The probation period for crimes and
misdemeanours described in articles 492, 504, 505, 506 and 536 is at most three
years, for other misdemeanours at most two years.
(2)
The probation period takes effect as soon as
the verdict has become final and has been made known to the sentenced person in
a manner fixed by law.
(3)
The probation period does not take effect
during the period that the sentenced person is deprived of his freedom by
reason of a lawful detention.
Article 14c
(1)
By the order referred to in article 14a, the
judge may, except in case of sentence to fine, in addition to the general
condition, that the sentenced person shall not commit a punishable act, fix a
special condition that the sentenced person shall, within a fixed period of
time shorter than the probation period, compensate wholly or partly for damages
caused by the punishable act.
(2)
In case of sentence either to imprisonment
for longer than three months, or to light imprisonment imposed on account of one
of the misdemeanours described in articles 492, 504, 505, 506 and 536, the
sentencing judge shall have the power to fix also other special conditions by
his order with regard to the behaviour of the sentenced person which shall be
satisfied by the latter during the probation period or part of the probation
period fixed by said order.
(3)
Those
conditions shall not restrict the religious and political freedom of the
sentenced person.
Article 14d
(1)
The officer in charge of the supervision on
the fulfilment of the condition shall be the officer who, when later an order
for execution may be issued, makes execute the sentence.
(2)
The sentencing judge may, if there are
grounds for it, by his order instruct an institution domiciled and incorporated
in Indonesia, a member of the management of an institution domiciled in
Indonesia, or a special officer, to provide help and assistance to a sentenced
person in fulfilling the special conditions.
(3)
Instruction for further regulation of said
supervision and assistance and for further designation of the institutions and
members of the management of institutions who may be charged with the provision
of the assistance, shall be fixed by statute.
Article 14e
The
judge who has senteced in first instance, may, either on receipt of an advice
from the officer mentioned in the first paragraph of article 14d, or at the
request of the sentenced person, alter during the probation period, the special
conditions or the term by which the special conditions are limited in their
operations within the probation
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period, assign the provision of assistance to
another person than the one earlier charged with the assistance, or extend the
period of probation once. The extension of period shall be made for at most
half of the longest period at which the probation could have been fixed.
Article 14f
(1)
Without prejudice to the provision in the
previous article, the judge who has sentenced in first instance, may on receipt
of an advice from the officer mentioned in the first paragraph of article 14d,
if the sentenced person during the probation period is guilty of a punishable
act and for that reason has been irrevocably sentenced, or if one of the other
conditions has not been met, or if the sentenced person before termination of
the probation period has been irrevocably sentenced on account of a punishable
act, committed before said probation period, instruct execution or determine
that the sentenced person shall be admonished on his behalf. In the last case
he will also determine the manner in which the admonition shall take place.
(2)
The order for execution may not be issued any
more when the probation period has expired, unless the sentenced person before
termination of the probation period is prosecuted on account of a punishable
act committed during the probation period and the prosecution ends with an
irrevocable verdict. In this case within two months after the sentence has
become irrevocable, the order for execution may still be issued in the ground
of the committed punishable act.
Conditional Release
Article 15
(1)
The person sentenced to imprisonment, may,
when two thirds of his actual term of imprisonment and at least nine months of
the term have elapsed, be released conditionally.
In case the sentenced person must serve more
imprisonments consecutively, the imprisonments are considered for this purpose
to be one sentence.
(2)
By this conditional release a probation
period for the sentenced person shall be determined and the condition, which
the sentenced person shall satisfy during the probation period, shall be fixed.
(3)
The duration of the probation period is one
year longer than the remaining part of the actual term of imprisonment of the
sentenced person. It is not effective during the time that the sentenced person
is lawfully deprived of his freedom.
Article 15a
(1)
The conditional release shall be tied in with
the general condition that the sentenced person shall not commit any punishable
act, nor misbehave himself otherwise.
(2)
The conditional release may also be tied in
with special conditions with respect to the conduct of the sentenced person,
provided these conditions do not restrict the religious or political freedom.
(3)
With the supervision on the fulfilment of the
conditions is charged the officer mentioned in the first paragraph of article
14 d.
(4)
For the fulfilment of the conditions a
special supervision may also be instituted, which exclusively has the objective
of providing help and assistance to the sentenced person.
(5)
During the probation period the conditions
may be amended or discontinued, or special conditions may as yet be imposed, a
special supervision may as yet be instituted and the special supervision may be
commissioned to a body or person other than the body or person previously in
charge.
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(6)
To the conditionally released person a pass
shall be issued on which all conditions imposed upon him shall be stipulated.
In case the foregoing paragraph becomes operative, a new pass shall be issued
to him.
Article 15b
(1)
The conditional release can be withdrawn in
case the sentenced person during the probation period acts in contravention of
the conditions stipulated in his pass. It may, if the existence of such acts is
seriously suspected, be suspended by the Minister of Justice.
(2)
The time period between a release and a
resumption of the execution of the sentence is not included in the term of the
punishment.
(3)
The withdrawal can no longer be effected if
since termination of the probation a period of three months has elapsed, unless
the sentenced person before termination of the three months period is
prosecuted on the ground of a punishable act committed during the probation
period and the prosecution ends with an irrevocable condemnation. In that case
the conditional release may be withdrawn on the ground that the sentenced
person has committed the act still within three months, after the condemnation
has become irrevocable.
Article 16
(1)
The decissions of the conditional release are
taken at the advice of or after inquiries from the director of the prison where
the sentenced person is present, by the Minister of Justice after receipt of an
advice from the Public Prosecutor of the region where the sentenced person
comes from. These decisions shall only be taken after the Central Board for the
Probation System whose functions will be regulated by the Minister of Justice,
has been heard on the matter.
(2)
The decisions of withdrawal of the
conditional release and also those which result from the application of the
provision of article 15 a fifth paragraph, are made by the Minister of Justice
after the advice of or after inquiries have been made from the Public
Prosecutor of the region where the sentenced person comes from. These
conditions are only made after the Central Board for the Probation System has
been heard on the matter.
(3)
As long as the power of withdrawal of the
conditional release exists, the person conditionally released, against whom
there is a reasonable suspicion that he has acted during the probation period
contrary to the conditions stipulated in his pass, may in the interest of the
public order, be detained by order of the Public Prosecutor of the region where
the sentenced person comes from, under an obligation to give instant notice
thereof to the Minister of Justice.
(4)
The
duration of detention shall be at most sixty days.
If the detention is followed by a suspension or a
withdrawal of the conditional release, the execution of the sentence is deemed
to be resumed on the day of the detention.
Article 17
The
form of the passes and the further instructions for the implementation of
articles 15, 15 a and 16 shall be fixed by statute.
Article 18
(1)
The
duration of the light imprisonment shall be at least one day and at most one
year.
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(2)
It can be imposed for at most one year and
four months in cases where, because of increment of sentence for reason of a
conjunction of crimes, recidivism or the provision under article 52, the period
of one year is exceeded.
(3)
It
may under no circumstances exceed the term of one year and four months.
Article 19
(1)
The person sentenced to light imprisonment
shall be obliged to perform the labour imposed upon him according to the
provisions of implementation of article 29.
(2)
He
shall be assigned a lighter labour than the person sentenced to imprisonment.
Article 20
(1)
A judicial verdict may determine that the
person sentenced to imprisonment or light imprisonment of at most one month, be
permitted by the Public Prosecutor to spend freely the hours after the work
period.
(2)
If the sentenced person with respect to such
decision, unless for reasons independent of his will, is not present at the
stipulated time and the indicated place in order to perform the activities
instructed to him, he shall further serve his sentence in the usual way.
(3)
The provision of the first paragraph shall
not be applicable, if at the commitment of the act two years have not yet
elapsed since the offender has served imprisonment or light imprisonment.
Article 21
Light
imprisonment shall be served in the area where the sentenced person lives or,
in case he does not have a dwelling, stays at the time of the execution of the
judicial verdict, unless at his request the Minister of Justice permits him to
serve the sentence somewhere else.
Article 22
(1)
Light imprisonment which must be served by a
sentenced person who serves a liberty sentence at an institution destined for
the execution of an imprisonment, a light imprisonment, or both, may at his
request immediately after termination of the liberty sentence be served at the
same institution.
(2)
Light imprisonment hence served in an
institution exclusively destined for imprisonment shall consequently not change
its nature.
Article 23
Any
person sentenced to light imprisonment may at his own costs allow himself some
improvement of his lot according to regulations to be further laid down by
statute.
Article 24
Persons sentenced to
imprisonment and light imprisonment may be obliged to perform labour either
indoors or outdoors of an institution destined for taking convicts.
Article 25
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Outdoors labour at such an institution shall
not be imposed upon:
1st, those sentenced to life imprisonment;
2nd-ly,
women;
3rd-ly,
sentenced persons who after medical examination appear to be unfit for
said labour.
Article 26
If
in the opinion of the judge by reason of personal or social circumstances there
are grounds for it, it shall be determined by judicial verdict that no outdoors
labour at an institution destined for taking convicts shall be imposed upon the
sentenced person.
Article 27
The term of the temporary
imprisonment and the light imprisonment shall be indicated in the judicial
verdict in days, weeks, months and years, not in parts thereof.
Article 28
Imprisonment
and light imprisonment may be served at the same institution provided that they
are served in separate departments.
Article 29
(1)
The assignment of the institutions where
either imprisonment or light imprisonment of both are served, and also of the
organization and management of these institutions, of the sub-division of the
prisoners into classes, of the labour, of the wages for the labour, of the
accommodation of the convicts who do not stay at the prison, of the education,
of the divine services, of the discipline, of the bedding, of the food and of
the clothes shall be fixed by statute according to this code.
(2)
Household
regulations for those institutions shall, if necessary, be fixed by the
Minister of Justice.
Article 30
(1)
The
amount of the fine shall be at least twenty five cents.
(2)
In
case of sentence to fine, the fine shall, if no paid, be substituted by light
imprisonment.
(3)
The
term of the substitutive light imprisonment shall be at least one day and at
most six months.
(4)
The term of the substitutive light
imprisonment shall be determined in the judicial verdict, in this manner, that
for an imposed fine in the amount of half a Rupiah or less, shall be
substituted one day, for an imposed fine in a bigger amount, shall be
substituted not more than one day for each half a Rupiah of the imposed fine
and for the remaining part thereof.
(5)
Light imprisonment may be imposed for at most
eight months in cases where on account of conjunction of crimes, recidivism or
the provision in article 52, the maximum of the crime is increased.
(6)
It
shall under no circumstances exceed the term of eight months.
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Article 31
(1)
The person sentenced to fine may immediately
serve the, substitutive light imprisonment without awaiting the term of
payment.
(2)
He
shall always have the right to be freed from the substitutive light
imprisonment by payment of the fine.
(3)
The payment of part of the fine, either prior
to the execution of the substitutive light imprisonment or after it has
commenced, shall set the sentenced person free from the execution of a
proportional part of the substitutive punishment.
Article 32
(1)
Imprisonment and light imprisonment shall, as
far as each of these punishments concerns, take effect as regards sentenced
persons who have been temporarily detained, on the day when the judicial
verdict has become final, and as regards other sentenced persons on the day of
the execution of the judicial verdict.
(2)
If by the same judicial verdict imprisonment
and light imprisonment are imposed on the ground of acts, for which or for one
of which the sentenced person has been temporarily detained, and if the verdict
for all convictions becomes final at the same moment, then the imprisonment
shall take effect at that moment and the light imprisonment immediately after
termination of the imprisonment.
Article 33
(1)
By the judicial verdict may be determined
that the time spent by the sentenced person prior to the day when the verdict
becomes final will be deducted upon execution from the imposed temporary
imprisonment, light imprisonment or fine; as for the fine, according to the
standard determined in the third paragraph of article 31.
(2)
The time during which an accused person has
been detained without warrant in writing shall not be deducted unless expressly
determined in the verdict.
(3)
The provisions of this article shall also be
applicable in case, by simultaneous prosecution on account of more acts, the
verdict is pronounced on the ground of another act than for which the sentenced
person is temporarily detained.
Article 33a
If
by a person sentenced to imprisonment and light imprisonment who is temporarily
detained, or by a third party with the approval of the sentenced person, a
request for grace is submitted, the time that elapses between the day of
submission of said request and the day when the President decides or the matter
shall not be considered as a term of imprisonment, unless the President, taking
into consideration the circumstances of the case, determines in his decision
that the time shall count wholly or partially as a term of imprisonment.
Article 34
In case of escape of the
convict while serving his sentence, the time hence spent outside the place
where he must serve his sentence, shall not be counted into the term of the
sentence.
Article 35
(1)
The rights of which the offender in cases
determined by this code or by another general regulation may be deprived by
judicial verdict, are:
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1st, to hold offices or specific offices;
2nd-ly, to serve with the armed forces;
3rd-ly, to vote and be voted for in elections held by
virtue of general regulations;
4th-ly, to be a counsellor or a legal manager and to
be a guardian, co-guardian, curator or co-curator
over other children than his own;
5th-ly, the paternal authority, the guardianship and
the curatorship over one's own children;
6th-ly, to exercise specific professions.
(2)
The competence of the judge to deprive an
official of a specific office shall not exist if by regulation another power is
exclusively designated for said deprivation.
Article 36
Release
from the right to hold offices or specific offices and to serve with the armed
forces may, except in the cases described in the Second Book, be pronounced by
verdict on account of an abuse of power or on account of a crime whereby the
person found guilty violating a special duty or whereby he made use of
authority, opportunity or means conferred upon him by his office.
Article 37
(1)
Deprivation from the paternal authority and
from the guardianship, the co-guardianship, both over one's own children as
well as over other ones may, except in cases described in the Second Book, be
pronounced in the judgment against:
1st, parents or guardians who deliberately with a
minor who has been submitted to their authority take
part in a crime;
2nd-ly,
parents or guardians who commit a crime described in Chapters XIII, XIV, XV,
XVIII, XIX and XX of the Second Book, against a minor who has been submitted to
their authority.
(2)
The deprivation referred to in the foregoing
paragraph cannot be pronounced by the sentencing judge against those persons to
whom provisions contained in the Civil Code on deprivation of parental authority,
guardianship and curatorship are applicable.
Article 38
(1)
When
deprivation of rights is pronounced, the judge shall determine the terms as
follows:
1st, by a verdict to capital punishment or to a
life imprisonment, for life;
2nd-ly,
by a verdict to temporary imprisonment or to light imprisonment, for a time
exceeding the term of the basic punishment by at least two and at most five
years;
3rd-ly, by a verdict to fine, for a time of at least
two and at most five years.
(2)
The
punishment takes effect on the day when the judicial verdict can be executed.
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Article 39
(1)
Objects belonging to the sentenced person,
acquired by means of a crime or with which a crime deliberately has been
committed, may be forfeited.
(2)
By a verdict on account of a crime not
intentionally committed, or on account of a misdemeanour, a similar forfeiture
may be pronounced in the cases determined by statutory provision.
(3)
Forfeiture may be pronounced against the
person found guilty who is placed at the disposal of the Government, however
only of objects which have been confiscated.
Article 40
In
cases of possession, importation or transportation of property in violation of
the provisions concerning ;the funds and leases of the country, of the
provisions regulating the supervision over the navigation in certain parts of
Indonesia and of the provisions prohibiting the importation, exportation and
transit of property, by a person under the age of sixteen years, the judge may,
also if the person found guilty is returned to his parents, his guardian or his
fosterer, without the application of a punishment, pronounce the forfeiture of
property referred to.
Article 41
(1)
Forfeiture of property not confiscated shall,
in case said property is not surrendered or the money value at which it is
estimated is not paid, be substituted by light imprisonment.
(2)
The
term of this substitutive light imprisonment is at least one day at most six
months.
(3)
Said term is determined in the judicial
verdict in this manner that for an amount of money of half a Rupiah or less,
shall be substituted one day, for a higher amount, not more than one day for
each half Rupiah and for the remaining part thereof.
(4)
To
this substitutive light imprisonment article 31 shall be applicable.
(5)
Likewise
the surrender of said property releases a person from the substitutive light
imprisonment.
Article 42
All
expenses of imprisonment and light imprisonment are chargeable to the
Government, all revenues from fines and forfeitures are in behalf of the
Government.
Article 43
In
cases where the judge by virtue of this code or another general regulation
orders the publication of his verdict, he shall at the same time determine the
manner in which the order shall be executed at the expenses of the sentenced
person.
CHAPTER III
Exclusion, mitigation and enhancement
of punishment
Article 44
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(1)
Not punishable shall be the person who
commits an act for which by reason of the defective development or sickly
disorder of his mental capacities, he is not liable.
(2)
If it is evident that he is not liable for
the committed act by reason of the defective development or sickly disorder of
his mental capacities, the judge may give an order that he be placed in a
lunatic asylum during a probation time not exceeding the term of one year.
(3)
The provision in the foregoing paragraph
shall only apply to the Supreme Court, the High Court and the District Court.
Article 45
In a criminal prosecution of
a minor by reason of an act committed before he has reached the age of sixteen
years, the judge may;
either give the order that
the person found guilty be returned to his parents, his guardian or his
fosterer without applying a punishment;
or, if the act falls under
the provision of a crime or of one of the misdemeanours described in the
articles 489, 490, 492, 496, 497, 503 - 505, 514, 517 - 519, 626, 631, 632, 536
and 540 and is committed before two years have elapsed since an earlier
conviction of the same person of one of these misdemeanours or of a crime has
become final, give the order that the person found guilty be placed at the
disposal of the Government, without applying a punishment;
or sentence the offender to a punishment.
Article 46
(1)
If
the judge has given the order that the offender be placed at the disposal of
the Government, he shall be:
either placed at a Governmental institution in order that
he be provided with his education at that place, or later on in another manner
by the Government;
or
entrusted for his education to a certain person or a body corporate or
foundation or charitable institution, in order that he be provided with his
education by these bodies, or later on in another manner, by the Government;
in
both cases at the utmost until he shall reach the age of eighteen years.
(2)
Provisions
for the implementation of the first paragraph of this article shall be fixed by
law.
Article 47
(1)
If the judge sentences the person found
guilty to a punishment, the maximum of the basic punishment to be imposed on
the punishable act shall be mitigated by one third.
(2)
If it concerns a crime on which the capital
punishment or a crime on which life imprisonment is imposed, a maximum
imprisonment of fifteen years shall be imposed.
(3)
The
additional punishments mentioned in articles 10 under b, 1st and 3rd shall not
be imposed.
Article 48
Not punishable shall be the person who
commits an act to which he is compelled by force majours.
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Article 49
(1)
Not punishable shall be the person who
commits an act necessitated by the defence of his own or another one's body,
chastity or property against direct or immediate threatening unlawful assault.
(2)
Not punishable shall be the overstepping of
the bounds of necessary defence, if it has been the immediate result of a
severe emotion caused by the assault.
Article 50
Not punishable shall be the person who
commits an act for the execution of a statutory provision.
Article 51
(1)
Not punishable shall be the person who
commits an act for the execution of an official order issued by the competent
authority.
(2)
An official order issued incompetently shall
not exempt the punishment, unless it was considered in good faith by the
subordinate to be issued competently and its execution lied within the limit of
his subordination.
Article 52
If
an official by committing a punishable act violates a special official duty or
by committing a punishable act employs the power, opportunity or means
conferred upon him by his office, the punishment may be enhanced with one
third.
Article 52a
If during the commission of
a crime the national flag of the Republic of Indonesia is used, the punishment
imposed upon said crime may be enhanced with one third.
CHAPTER IV
Attempt
Article 53
(1)
Attempt to commit a crime is punishable if
the intention of the offender has revealed itself by a commencement of the
performance and the performance is not completed only because of circumstances
independent of his will.
(2)
The maximum of the basic punishments imposed
on the crime in case of attempt shall be mitigated by one third.
(3)
If capital punishment or life imprisonment is
imposed upon a crime, a maximum imprisonment of fifteen years shall be imposed.
(4)
The
additional punishments for attempts are the same as for the completed crime.
Article 54
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Attempt to commit a misdemeanour shall not be
punishable.
CHAPTER V
Participation in punishable acts
Article 55
(1)
As
principals of a punishable act shall be punished:
1st, those who perpetrate, cause others to
perpetrate, or take a direct part in the execution of the act;
2nd-ly,
those who intentionally provoke the execution of the act by gifts, promises,
abuse of power or of respect, force, threat or deception or by providing an
opportunity, means or information.
(2)
In respect to the provoker only those acts
which have been deliberately provoked and their consequences shall be
considered.
Article 56
As accomplices to a crime shall be punished:
1st, the persons who deliberately aid in the
commission of the crime;
2nd-ly,
the persons who deliberately provide opportunity, means or information for the
commission of the crime.
Article 57
(1)
The maximum of the basic punishments imposed
upon the crime in complicity shall be mitigated by one third.
(2)
If it concerns a crime on which the capital
punishment or a crime on which life imprisonment is imposed, a maximum
imprisonment of fifteen years shall be imposed.
(3)
The
additional punishment for complicity shall be the same as for the crime itself.
(4)
In determining the punishment only those acts
shall be considered which the accomplice has deliberately facilitated or
furthered, together with their consequences.
Article 58
The
personal circumstances on account of which the imposition of the punishment is
excluded, mitigated or enhanced, in applying the penal provisions shall be
computed only in respect of the said principal or accomplice personally.
Article 59
In
cases where by reason of misdemeanour punishment is imposed upon directors,
members of a board of management or commissioners, no punishment shall be
pronounced against the director or commissioner who evidently does not take any
part in the commission of the misdemeanour.
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Article 60
Complicity to commit a misdemeanour shall not
be punished.
Article 61
(1)
In crimes committed by means of the press the
publisher in such shall not be prosecuted, if the printed matter mentions his
name and domicile and the perpetrator is known or has been made known by the
publisher at the first warning after the bill.
(2)
This provision shall not be applicable if at
the time of publication no criminal proceedings against the perpetrator could
be instituted or the perpetrator was domicilled outside Indonesia.
Article 62
(1)
In crimes committed by means of the press,
the printer as such shall not be prosecuted, if the printed matter mentions his
name and domicile and the person by whose order the matter has been printed is
known or has been made known by the printer at the first warning after the
bill.
(2)
This provision shall not be applicable if at
the time of printing no criminal proceedings could be instituted against the
person by whose order the matter was printed or the person by whose order the
matter has been printed was domiciled outside Indonesia.
CHAPTER VI
Conjunction of punishable acts
Article 63
(1)
If an act falls within more than one penal
provision, only one of those provisions shall apply whereby, in case of
difference, the most severe basic punishment shall be imposed.
(2)
If for an act that falls under a general
penal provision there exists a special penal provision, only the special penal
provision shall be considered.
Article 64
(1)
If among more acts, even though each in
itself forms a crime or misdemeanour, there is such a relationship that they
must be considered as one continued act, only one penal provision shall apply
whereby, in case of difference, the most severe penal provision shall be
imposed.
(2)
Likewise only one penal provision shall apply
in a verdict of forgery or mutilation of coins and of the use of the object in
respect of which the forgery or mutilation of coins has been committed.
(3)
If, however, the crime described in articles
364, 373, 379 and the first paragraph of article 407 are committed in a
continued act, and if the collective value of the loss on property enhanced by
said continued act amounts to more than twenty five Rupiahs, the penal
provisions of articles 362, 372, 378 and 406 shall respectively apply.
Article 65
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(1)
In. case of conjunction of more acts which
must be considered as separate acts and which form more crimes on which similar
basic punishments are imposed, one punishment shall be imposed.
(2)
The maximum of this punishment shall be the
collective total of the maximum punishments imposed on the acts, but not
exceeding one third beyond the most severe maximum punishment.
Article 66
(1)
In case of conjunction of more acts which
must be considered as separate acts and which form more crimes on which dissimilar
basic punishments are imposed, each of said punishments shall be pronounced,
but altogether their term shall not exceed the longest term by more than one
third.
(2)
Fines are calculated in said cases according
to the duration of the maximum substitutive light imprisonment imposed upon the
act.
Article 67
In
case of a verdict to capital punishment or to life imprisonment no punishments
shall be imposed in addition to it, other than deprivation from certain rights,
forfeiture of confiscated property and publication of the judicial judgment.
Article 68
(1)
In
cases of articles 65 and 66 in respect of additional punishment the following
provision shall apply:
1st, the punishments of deprivation of the same
rights are dissolved into one punishment, exceeding
in term. the basic punishment or
punishments imposed by at least two and at most five years, or
in case no other basic
punishment is imposed than fine, dissolved into one punishment the term
of which is at least two and at most
five years;
2nd-ly, the punishments of deprivation of dissimilar
rights shall be imposed for each crime separately and without mitigation;
3rd-ly, the punishments of forfeiture of specific
property, similar to the substitutive light imprisonment in case of nondelivery
of said property, shall be imposed for each crime separately and without
mitigation.
(2)
The sum total of the punishments of
substitutive light imprisonment may not exceed the term of eight months.
Article 69
(1)
The
relative severity of dissimilar basic punishments shall be determined by the
sequence of article 10.
(2)
In cases where the judge has the option
between more basic punishments, only the most severe among said punishments
shall be taken into consideration in making a comparison.
(3)
The
relative severity of similar basic punishments shall be determined by the
maximum punishment.
(4)
The relative term of both the dissimilar as
well as the similar basic punishments shall also be determined by the maximum
punishment.
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Article 70
(1)
In cases of conjunction in the manner
referred to in articles 65 and 66, both of misdemeanours together with crimes
as well as of misdemeanours among themselves, punishment shall be imposed on
each misdemeanours without mitigation.
(2)
In case of misdemeanours, the punishments of
light imprisonment and substitutive light imprisonment together shall not
exceed the term of one year and four months, and those of substitutive light
imprisonments together shall not exceed the term of eight months.
Article 70 bis
In
respect of the application of articles 65, 66 and 70 the crimes described in
the articles 302, first paragraph, 352, 364, 373, 379 and 482 shall be
considered as misdemeanours, on the understanding that as far as imprisonments
are imposed these imprisonments for said crimes together shall not exceed the
term of eight months.
Article 71
If a
person after sentence to punishment is again found guilty of a crime or
misdemeanour committed prior to said sentence, the earlier punishment shall be
taken into account, with application of the provisions of this chapter in the
case of simultaneous trial.
CHAPTER VII
Filing and withdrawal of complaint in
crimes to be prosecuted only upon complaint
Article 72
(1)
As long as the person against whom a crime
has been committed which is to be prosecuted only upon complaint, has not
reached the age of sixteen years and is also a minor, or as long as the person
otherwise than by reason of prodigality has been placed under guardianship, the
person authorized to file the complaint shall be his legal representative in
private affairs.
(2)
If the legal representative is missing, or if
he is the person against whom the complaint had to be filed, the prosecution
may take place upon complaint of the co-guardian or co-curator, or of the board
charged with the co-guardianship or co-curatorship, of the wife, of a blood
relative in the direct line, or in the absence of this relative, upon complaint
of a blood relative in the side-line until and including the third degree.
Article 73
If
the person against whom the crime has been committed dies within the term
prescribed in the following article, the prosecution may, without extention of
said term, take place upon complaint of the parents, of the children or of the
surviving spouse, unless it were evident that the deceased did not wish the
prosecution to take place.
Article 74
(1)
The complaint may only be filed within six
months after the person authorized to file the complaint has knowledge of the
committed act, if he is domiciled within Indonesia, or within nine months after
he has knowledge of it, if he is domiciled outside Indonesia.
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(2)
If at the moment when the person against whom
the crime has been committed is authorized to file the complaint, the term
referred to in the first paragraph has not yet expired, he shall be competent
to file the complaint after that moment only during such time as the term
remains.
Article 75
The person who files the
complaint remains competent to withdraw the complaint during three months after
the filling date.
CHAPTER VIII
Lapse of the right to prosecute and of
the punishment
Article 76
(1)
Except for the cases where judicial verdicts
are subject to revision, no person shall be prosecuted again by reason of an
act which the verdict of an Indonesian judge with repect to him has become
final. By Indonesian judge shall be understood also the judges of the Adat Law
tribunals at places where such tribunals exist.
(2)
If the final verdict comes from another
judge, no prosecution shall take place against the same person by reason of the
same act in case of:
1st, acquittal or lapse of time from prosecution;
2nd-ly, sentence followed by a completed execution,
grace or lapse of time from punishment.
Article 77
The right to prosecute shall lapse by the
death of the accused.
Article 78
(1)
The
right to prosecute shall lapse by lapse of time:
1st, in one year for all misdemeanours and for the
crimes committed by means of the press;
2nd-ly,
in six years for the crimes upon which fine, custody or imprisonment of
not more than three years
is imposed;
3rd-ly, in twelve years for all crimes upon which
temporary imprisonment for more than three years is
imposed;
4th-ly, in eighteen years for all crimes upon which
capital punishment or life imprisonment is imposed.
(2)
In respect of a person who before the
commission of the act has not yet reached the age of eighteen years, each of
the terms of lapse of time mentioned above shall be mitigated by one third.
Article 79
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The term of lapse of time
commences on the next day after the day on which that act has been committed,
except in the following cases:
1st, in forgery or mutilation of coins the term
commences on the next day after the day on which use has
been made of the object with respect
to which the forgery or mutilation of coins has been committed;
2nd-ly,
in the crimes described in articles 328, 329, 330 and 333 on the next day after
the day of the relaese, or of the death of the person against whom the crime
has been immediately committed;
3rd-ly, in the misdemeanours described in the articles
556 up to and including 558a, on the next day after the day on which pursuant
to the provisions of general regulations laying down that registers of the registrar's
office be transfered to the record-office of a judicial tribunal, the transfer
of the registers from which the misdemeanour is evident, has taken place.
Article 80
(1)
Each act of prosecution arrests the lapse of
time, provided that the said act is known to the accused or made known to him
in the manner as determined by general regulations.
(2)
After
the arrest a new term of lapse of time shall start.
Article 81
The suspension of a penal prosecution in case
of a prejudicial dispute shall suspend the lapse of time.
Article 82
(1)
The right to prosecute in case of
misdemeanours on which no other basic punishment is imposed than fine, shall
lapse by voluntary payment of the maximum of the fine, and of the costs if
prosecution has already taken place, by authorization of the official
designated thereto by general regulations within the term to be determined by
him.
(2)
If in addition to fine forfeiture is imposed,
the objects subjected to the forfeiture shall also be surrendered of the value
at which they are estimated by the official referred to in the first paragraph,
shall be paid for.
(3)
In the cases where the punishment is enhanced
because of recidivism, the enhancement shall also be applicable if the right to
prosecute on account of an earlier commission of the misdemeanour according to
the first and second paragraphs of this article has lapsed.
(4)
The provisions of this article shall not be
applicable to a minor who has not yet reached the age of sixteen years before
the act has been committed.
Article 83
The right to execution of the punishment
shall lapse through the death of the convicted person.
Article 84
(1)
The
right to execution of the punishment shall lapse through lapse of time.
(2)
The term of this lapse of time is in cases of
misdemeanours two years, in cases of crimes committed by means of the press
five years, and in cases of other crimes one third in excess of the term of the
lapse of
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time of the right to sentence
prosecution.
(3)
In
no cased the term of the lapse of time shall be shorter than the. duration of
the imposed punishment.
(4)
The
right to the execution of the capital punishment shall not lapse.
Article 85
(1)
The term of the lapse of time shall commence
to run from the next day after the day on which the judicial pronouncement may
be executed.
(2)
In case of escape of a convict during the
service of his punishment a new term of lapse of time commences to run from the
next day after the day of escape. In care of revocation of a conditional
release a new term of lapse of time commences to run from the next day after
the day of the revocation.
(3)
The term shall not run during the suspension
of the execution ordered by general regulations, as well as during the time
when the convict, in case of another conviction, has been confined.
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