RRIENDED BY: Undang :undiang BI te 37 Token "409 torggan tg Mer (929 ye Oe : Z a (ATE GENERAL 1 ESSN OF LAW AND LEGISLATION CPT MINISTRY OF JUSTICE it d \es, 79°F PENAL CODE OF INDONESIA DIRECTORATE GENERAL OF LAW AND LEGISLATION MINISTRY OF JUSTICE| 4 CONTENTS Page Prefac 5 Appendixes : 6 Book I. General Provisions 1. Chapter I, Extent of operation of the statutory pedal provisions 7 2. Chapter If, Punishments seneeetneee ary 3. Chapter Ift. Exclusion, mitigation and enhancement of punishn 19 4 Chapter IV. Attempt «. a |. Chapter V. Participation in punishable acts aL G. Chapter VI. Conjunction of punishable acts . 3 7. Chapter VIL. Filing and withdrawal of complaint in crimes to be prosecuted only upon complaint 25 8. Chapter VIII Lapse of; the right to prosecute and of the punishment .. . 26 9. Chapter IX. Sence of some fxpresions used in the: Code 8 Book I, Crimes 1. Chapter I. Crimes against the security of the state . 3 2 Ghapter Il Crimes against the dignity of the President and Vice President « e 3. Chapter Ill. Crimes against friendly states and azainst heads and representatives of friendly states 38 4. Chapter IV. Crimes Concerning the performances of state duties and state rights 0 5. Chapter V, Crimes against the public order a 6. Chapter VI. Duelling ..... . % Chapter VIL. Crimes wheceby the goueral security of persons or property is endangered : 8 8. Chapter VIL. Crimes against public authority se 9. Chapter IX, Perjury and false testimony . oa 10, Chapter X. Counterfeit of coins and eurreney- and bank notes. 60 AL, Chapter XI. Forgery of seals and marks ee 6 12, Chapter XIE. Forgery of writings ee 18, Chapter XIII. Crimes against the civil status of persons . a I. Chapter XIV. Crimes against decency . 15. Chapter XV, Abandonnient of destitute: 16. Chapter XVI. Defamation . Yi. Chapter XVIT. Revel : — 18. Chapter XVII. gal Teerty 19. Chapter XIX, Crimes agains ufe cress 20. Chapter XX. Maltreatment . 21, Chapter XI, Causing death or bodily harm by nesligence 29. Chapter XXII. Theftnd blackmail... 83 rapter XXJLL. Extortion’s Chapter XXIV. Embezzlement... 86 Chapter XXV- Fraud . : a Caapter XXVI. Injury to creditors or rightful claimants 3 Chapter XXVII. Destruction or damage to property " BB. Chapter NXSILL, Crimes committed by officials 85 29. Chapter tion : 400 $0. Chapter jon and aviation fa- cilities $1. Chapter XXX. Receiving stolen property, publishing and print 32. Chapter 2 ne relating to recidivism common to varions Book Ill, Misdemeanours 1. Chapter I. Misdemteanours concerning the general seeutity of persons and property and the public health .. ug 2. Chapter IZ, Misdemeanours relating to public order us 3. Chapter Ill, Bisdemeanaura against the public authority wt Chapter IV, Misdemeanours relating to descent and marriage 5. Chapter V. Misdemeanours relating to destitute persons & Chapter VI. Misdemeanours relatin 8 133 Chapter Vil, Misdemeanours relating to yards and premises 1 Chapter VIL. -Misdemeanours by officials 128, 9. Chapter IX. Misdemeanours relating to nai esPREFACE ional nud Ik has been a common pheso ‘enon in every state, that inte: affic of people has grown remarkably due to economie devslopme advancement in transport facilities. This rapid growth of technology, however, has nat always its good eeault. ‘The increase of Indonesian nationals going abroad and foreign wationals entering our country kas given rise to both domestic and transnational crime problems. Due to the facts that criminality nowadays character, it {3 irupossible for a country to consider itself a closed unit and combats criminality in isolation of its neighbours International cooperation and mutual legal assistance aus becoute inerens- mes become more transnational. ingly important as ei For this purpose it would be advisuble for countries to have knowledze of exch otliers Jegut system whether by exchange of information as well as by studying foreign penal codes and other regulations relating to erime pre Since foreign language often evextes a special linguistic barrier, trans lntion of thote codes fnto a language which is used in international reistioas will be of mtuch help. Ik ts in this connection, that the Departoront of Juscive has published the English version of the Penal Code of Indonesia, ‘The Penal Code of Indonesia is based on tite code regulated in state Guzette no. 732 year 1915 known as the "Wetboek van Strafvecht voor Indo- "with all its revisions and amendments ap to 1976, In closing this preface, I would like to exterd my gratitude and appre. ciation to Mr. Sugondo Sumiodiredjo, S.H., the former Director General of Law and Legislation who lias devoted hia tinte and attention to this translation, ‘And last, but not least, my’ sincere thanks to those who willingly helped ¥ Jn the publication of this book, Jakacta, February 27,1982} Director GeneralAppendixes Act No, 16/Perpu/1960 Article 1. | ‘The words "ewenty ‘five rupiahs” in the articles $64, 273,°378, 384 and 407, paragraph (1) of the Penal Code is amended to ” two hundred and fifty rupiahs” Act No, 18/Perpu/1980 Article 1. (1) Any amount of punishment to fine, either in the Penal Code, as added and amended several times, lastly by act No. 1, year 1960 State Gaztte year 1999, No. 1) of in other penal provisions, issued before August 37th, 1945, shalt be substituted by rupishs aud iyultiplied fifteen tines. (2) The provision in paragragh (1) shall not be applicable to the amount Gf the punishment to fine in the penal provisions, whieh het been inserted In the erimes agalnst the econor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 af a prior statutory penal Provision. (2) Im ease of alteration in the legislation after the date of commission of the aet, the most favourable provisions for the aecusedshell appl Article 2, = ‘The Indonesian statutory penal provisions ace applicable to any person who Is guilty of punishable act within Indonesia. Article 3, ‘The Indonesian statutory penal provisions are applicable to any person who is guilty of a punishable act outside Indonesin on board an Indonesian vetsel or airerat, Article 4. ‘The indonesian statotory pent provisions are applicable to oar pervon trho tale fndonena i gulty of! 1st, one of the crimes deteibed in articles 104, 106,107, 108, 10, 111 is, eden 1s, 127 and 13 fdly, any crane with reapet to coin or paper money itsued by the State tr by the Bank, or with respect to wiemps lied and marks ted bY the Indonesian Government ‘Srd-ly, Forgery of deb&ures of debt certificates changeable to Indonesia, to a region wr part of relon, losluding counterfls, evdance of divi dends and interests belonging Wid documents, and certifiestes issued in leu af sld deetmente oF the use of such fale oF forged documents 3 Ite genuine and unfalatied; a poate iftbay, one of ie eoies deserved In articles 488, 484-446, a8 far a8 they Concern plasy, and thove criwer deveibed iq article 4 relating to the surrender of vst to pleaten and-attile 470) ralating to the Solawul exerelagy of conteal of aieeeaft, article $79), mM and @ Telating to erimes which Jeopadize the safely of evil aviiiona. bat y Article 5. (2) The Indonesian statutory penal provi National who outside Indonesia commits: are applicable to an Indonesian Ast, 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 orticle 5, first paragragh, 2ndely, is limited such that the capital punishment-cannot be imposed upon an act which the eapital punish- nient is not provided for by the law of the country where the ect has been committed. Article 7. The Indonesian statutory penal provisions are applicable to the Iudonestan official who outside Indonesia Is guilty of one of the crimes described in Chapter XXVIL of Book I, Article 8, ‘The Indonesian statutory penal provisions ure upplicuble to the shippet ‘and those on board an Tudonesian vessel who outside Indonesia, also when not va bard, iy guilty of one of the pualshable acts, described in Chapter XXIX of Book If and Chapter IX of Book I1f, including the general regulations on sea-letters and certificates of registry in Indonesis and in the "Schepen Ordon nantie 1927” (Ships Ordinance 1927), Article 9, ‘The applicability of avticles 2-5, 7 and 8 are restricted by the exceptions recognized in international lav. CHAPTER IL Punishments. Article 10. The punist puniss Ist, capital punishatent, 2nd-ly, imprisonment, Brd-ly, Night imprisonment, stely, finesb. additional punishments: Ast, deprivation of certain rights, 2nd-ly, forfeiture of specific propert Srdely, publication of judicial verdict, y 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 inuprisoument is for life or temporary, (2) ‘The term of the temporary imprisonment is at least one day and at most 4ifseen consecutive years (3) Temporary imprisounient may be imposed for at most twenty consecutive years in cases where in the disegetion of the judge the erime is punishable by capital punlshment, lifelong and temporary imptisonmient, of life-long for temporary imprisonment, and in those cases where by reason of a sentence increaGe because of conjunction of crimes, recidivism of crime vr the provisions under article 2, and $25, the term of fifteen’ years it exceeded, (4) In no nse the term of twenty years may be exceeded, Article 13, weed to imprisonment are classified Into categories. ‘The persons sent Anticle 1, ‘The person sentenced to imprisonment shall perform the labour imposed uupon him aecordauce with the regulation laid down for the implementation of article 29. Article 148! (1) In case of sentence to inprizonarent of mt most one year and in case of sentence to light imprisonment nat including substitutive light imprizon- rent, the sentencing fudge my also give the order that the punishment shall’ not be excouted, unless later on by judicial verdict may be ordered otherwise by reason thit the sentenced person before termination of x probation period determined by the order bax committed a” punishable act or during said probation period has not fulfilled » special condition, which may be stipulated by the order conte 2) The sentencing judge has the sane competence, *- pt in ebees of State's resources and leases, in ease of a sentence ty fine, but only if it is evident to him that the payment of the fine or the forfeiture, which miay also be pronounced, produces severe difficulties to the sentenced pereon,e w @ e@ & ay ® a) 10 mes and misdenieanours concerning opfum are regarded for the appli- ‘ability of this paragraph to be concerned only with State's resources, as" ~ as with respect to those erimes and misdemeanours, it le pravided tha, \ case of a sentence to fine the provisions of article 39 paragraph 2 shall not apply. With cespect to the basic punishment the order also covers, as far as the judge does not provide otherwise, the imposed additional punishments. ‘The order shall not be issued, unless the judge after close examioation 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. ‘The verdict containing the order referred to in the first paragraph, shall incorporate (ite causal facts or cireumstanees on which it was based. Atticle 1b, ‘The probation period for erimes’ and misdemeanours described in articles 492, $04, 505, 506 and 586 {s at most three years, for other misdenteanours ‘at most two years. ‘The probation period takes effest us soon as the verdict has become Final and has been minde known to the sentenced person in a manner fixed by Inve, ‘The probation period does not take effect during the period thay the sentenced person is deprived of his freedom by reason of # lowful detention, Article ae, By the order referred to in article Ita, the judge miay, except in case of sentence to fine, in addition to the general condition, that the sen- tenced person shall not commit a punishable act, fix a special condition that the sentenced person shall, within a fixed period af time shorter than the probation period, compensate wholly or partly for damages caused by the punishable act, In exse of sontence either to imprisonment for longer than three months, for to light imprisonment immposed on account af aue of the misdeweanours described in articles 492, 594, 505, 506 and 586, the sentencing judge shall have the power to flx also other special conditions by his order With regard to the behaviour’ of the sentenced person which shall be satisfied by the later during the probation period or part of the prov bation period fixed by said order, Those conditions shall not restrict the religious ond political freedom of the sentenced person,Article 144, (2) The officer in charge of the supervision on the fulfilment of the condition shall be the officer sho, when later an or!e~ for execution may be issued, makes execute the sentence. (2) The sente instruct am institution domi of the management of an institution domiciled in Indonesia, or a sp officer, to provide help and assistance to a sentenced person in fu the special conditions, (8) Instructicn for further regulation of said supervision and assistance ‘and for further designation of the institutions and members of the mana- gement of institutions who tay be charged with the provision of the assistance, shall be fixed Uy statute ig iudge may, if there are grounds for it, by his order .d and incorporated in Indonesia, a member 1 ing Article He. 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 Ld, or at the request of the sentenced person, alter during the probation period, th special conditions or the term by which the special conditions are tiatleed in their operations within the probation period, assign the provision of assis- tance to another person than the one earlier charged with the assistance, oF extend the petiod of probation once, ‘The extension of period shall be made for at miost half of the longest period at which the probation could heve beer fixed, Atticle 14f. (1) Without prejudice to the provision in the previous article, the judge who hhas 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 condi- ions has not been met, or if the sentenced person before termination of the probation period has been irrevocably sentenced on uccount of a bunishable act, contmitted before said probation period, instruct execution far determine that the seuteuced person shall be adwwonished on his behalf. In the last case he will also determine the manner in which the admoni ton shall take place. (2) The order for exe~ ay not be issued any more when the probation Reriod “has exp’ the sentenced person before termination of the probation: «3 prosecuted on account of a punishable act com- titted during the gcobation period and the prosecution ends with an irrevs. able verdict, In this ease within (wo months after the sentence has become irrevocable, the order for exccuti be issued in the Bround of the committed punishable act, ua @ @ (a w o () Conditional Release. Article ‘The person sentenced to imprizonnient, may, when two thirds term of imprisonment and at least nine months of the te: be released conditionally. In case the sentenced person must serve more imprisonments consecutively, the imprisonments are considered for this purpose to be one eentence. By this conditional release a probation period for the sentenced person shall be determined and the condition, which the sentenced persos shall satisfy during the probation period, shall be Tixes. ‘The duration of the probation period is one year longer than the remaining part of the actual term of imprisonment of the seu: not effective during the time that the eenteaced person is lawfully deprived of his freedom, Artele 15a, ‘The conditional release shall be tied in with the generat condition that the sentenced person shall not commit any punishable act, nor misbehave himself otherwise, ‘The conditional release may also be tied in with special conditions with ‘respect to the conduct of the centenced person, provided these conditions 8 or political freedons. With the supervision on the fulfilment of the corditions is charged the officer mentioned in the fitet parageeph of srtiele 14d For the fulfilment of the conditions special supervision muy also be stituted, which exclusively hse the objective of providing help and assistance to the sentenced person. During the probation period the conditions may be amended or diseon- thoued, or special conditions niay ss yet be imposed, a special supervision niay as yot be institated and the special eupervision may be commissioned to a body or-person other than the body or person previously in charge. To the conditionally released person a pass shall be issued on which all conditions imposed upon fhim shalt be stipulated, [u ease the foregoing paragraph becomes operative, a new pass shall be issued to hi Article 186, ‘The conditional release ean be with: during the probation period acts in contravention of tf: tions atipul ated in his pags, [t may, if the existence of auck acts t. seriously sie pected, be suspended by the Minister of Justice. ‘The time period between @ release and a resumption of tite execution of the senteviee is not included in the term of the punishment. wn in case the Dereon(8) The withdrawal can nu‘loager be effected ix vinee termination of the probation a y ‘ad of three months has elapsed, unless the sentenced person before. .::ination of the three months period is prosecuted on the round of a purishable 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 conden 1a has become irrevocable. Article 16, (1) The decissions of the conditional release are taken at the advice of ot after inguities from the director of the prison where the sentenced perso 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 atter 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. 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, ‘Thete conditions are only msde after the Centra) Board for the Probation System has been henrd on the matter. (8) 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 ducing 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 Prosteutor 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. It the detention is followed by a suspension or a withdrawal of the conditional release, the execution of the sentence is deemed! to be resumed fon the day of the detention, Article 1%. ‘Tho form of the passes and the further instructions for the implementation of articles 15, 15a and 16 shall be fixed by statute, Article 18. (2h. TAG duration of the light imprisonment shall be at least one day and at ij mbit one year. (2) te can be imposed for at most one year and four months in cases where, hecause of increment of sentence for reason of a conjunction of erties. recidivism or the provision under article 52, the period of one yeat ix exceeded, %(3) “It may under no circumstances exceed the term of one Fear 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 23. (2) He shall be assigned a lighter labour than the peisonment. erson sentenced to im. Article 20, (1) A judicial verdict may deteraiine that the perso sentenced to imprison ment or light imprisonment of at most one month, be permitted by the Public Prosecutor to spend freely the hours after the work period, (2) 6 the sentenced person with respect to auch 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 hint, he “shot 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 imprisonniest Antiele 21 Light imprisonment shall be served in the area where the sentenced person Hives or, in case he does not have a dwelling, stays at the time of the execution cf the judicisl verdict, unless at his request the Minister of Justice permits kim to serve the sentence somewhere else, Article 22, (2), Light imprisonment which must be served by a sentenced person who serves 4 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 Woerty sentence be served at the same instifution, (2) Light imprisonment hence served in an institution exclusively destined for imprisonment shall consequently not change its nature. Article 23, imprisonment niay at his own costs allow s according to regulations to be further Any person sentenced to Ii hiniself some improvement Inid down by statute, ‘ Article 24, Persons sentenced to imprisonment and light imprisonment niay be obliged to perform Iabour either indoors or outdoors of an institution destined for taking convicts. 4Article 25, Outdoors labour at such an institution shall not be imposed upon: Ist, those sentenced to life imprisonment; 2ndely, women; Srd-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 o¢ social circumstances there are grourids 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 2 ‘The term of the temporary imprisonment aud the li be indicated in the judicial verdict in days, weeks, months and years, not in parts thereof: nee 7 7 Article 28, Imprisonment and light mprisonnient may be‘ served at the same insti tution provided that they are served in separate departments. 5 : + Atticle 29 (1) The assignment of the {nstitations’ where either imprisonment of light imprisontient of both re. served, snd algo of the organization and management of these institutions, of the sub-division of the prisoners into classes, of the labour, of the wazes for the labour, of the acconimadation 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 ghall'be fixed by statute according to this code. (2) -Household regulations for those institutions shall, if necessary, be fixed “by the Minister of Tustice, Article 30. (1) The amount of the fine shall be at least twenty five cents. (2) In case of tentence to fine, the fine shall, if no paid, be substituted by light imprisonment, (2) The tera of "the substitutive light imprisonment shall be at least ons day'sind at most six months. (4) The term of the substitutive light imprisonment shall be deierniei .. the judicial verdict, in this nianner, that for an imposed fine i+ tne 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 art thereof. 8t iuiprisuument may be fiaposed for at most eight months ia cases oa account of conjunction of crimes, recidivism or the provision in article 52, the im of the crime is increased. (5) It shall under no ccwvaistances exceed the term of eight months: Article 31. (1) The person sentenced to fine may inmediately 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 Im- prisoament by payment of the fine (8) 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 33, (2) 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 hhas 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 imprisonnient are imposed on the ground of acts, for which or for one of which the sentenced person has been tomporarily 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 verdiet becomes final will be deducted upon execution from the imposed, temporary imprisonment, uprisonment or fine; as for the fine, according to the standard ied in the third paragraph of article 31. (2) The time during which an accused person has been detained without varrant in writing shall not be deducted unless expressly determined in the verdict, (8) The provisions of this article shall also be applicable in ease, by simul- taneous prosecution on account of more acts, the verdict is pronounced ~ the ground of another act than for which the sentenced person is -mporarily detained, Articlé 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 iz submitted, the time that clapses between the 16day of submission of said request and the day when the President decides for the matter shall not be considered 2¢ a term of imprisonment, unless the President, taking into consideration the cireumstances of the case, deter- imines 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 speat outside the place where he must serve his sentence, shall not be counted futo the term of the sentence, 5 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, Ist, to bold offices oF specific offices; 2ndely, fo serve with the armed forces; ard-ly, to vote and be voted for in elections held by virtue of general regulation: to be a counsellor or a legal manager and to be a guardian, co- ian, curator or co-curator over other children than his own; Sthely, the paternal authority, the guardianship and the curatorship over one's own children; Gth-ly, to exercise specific professions. (2) ‘The competence of the judze to deprive an official of u specific office shall not exist if dy regulation another power is exclusively designated for said deprivation Article 88, Release from the right to hold offices or specitic offices and to serve with the armed forces may, except in the cases described in the Second Book, bbe pronounced by verdict on account of an abuse of power or on account of 1 crime whereby the person found guilty violating a special duty or whereby hhe 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 ay, except in cases described in the Second Book, be pronounced in the Judgment agaiust Ist, parents or guardians ~ cperately with a minor who has been submitted to thelr aut.cc-y take part in « erime; 2ndely, parents of guardians who commit a crime described in Chapters XIII, XIV, XV, XVII, XIX and XX of the Second Book, ag: a minor who has beer submitted to their authority.(2) The deprivation referred to i nounced by the sentencing judge against thote persons to whom provi- sions contained in the Civil Code on deprivation of parental authority, guardianship and euratorship are applicable. Article 38, (1) When deprivation of rights is pronounced, the ju rem as follows: Ist, by a verdict to capital punishment or to a life imprisonment, for it ‘andly, by a verdict to temporary imprisonment oF to light imprizonment, for a tine exceeding the term of the basic punishment by at least two and at most five year: Srdbly, by a verdict to fine, for a time of at least two and at most five years. 42) ‘The punishment takes effect on the day when the judicial ver ~~ be executed, Article 39. (4) " 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 eases determined by statutory prov! (8) Forfeiture may be pronounced against the person found guilty who is placed at the disposal of the Government, however only of objeste which have been confiscated. Article 40. In cases of possession, importation or transportation of property in viola tion of the Provisions concerning the funds and leases of the countrs, of the provisions regulating the supervision over the navigation in certain parts of Indonesia and of the provisions prohibiting the importation, transit of property, by a person under the age of sixteen ‘years, the judge may, also if the person found guilty is returned to bis parents, his guardian for his fosterer, without the application of a punishment, pronounce tne for~ feiture of property referred to, Article 41, (1) Forfeiture of property not confiscated shall, in case said property 11” surrendered or the money value at which {t is estimated is not pai substituted by light imprisonment. (2) The term of this substitutive lixht imprisonment is at lenst one da vost six months, 8(3) Said term is determined in the Judicial verdict in this manner that for ‘an amiount of money of half a Rupiah or less, shall be substituted one day, for a higher amount, © more than one day for each kaif Ropiah and for the remaining pas. hereof. (4) To this subscitutive lizht imprisonment article 31 shall be applicable, (5) Likewise the surrender. of said property releases a person from the sub- stitutive light imprisonment, Article 4% ‘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 regu- lation 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 Hr Exclusion, mitigation and enhancement of punishment, Article 44, (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. 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 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, e@ Article 45. inal prosecution of a minor by rexgon of an act committed before id the age of sixteen years, the judge ma) ‘the order that the person found guilty be returned to his vs guardian or his fosterer without applying a punishment, fof, if the act falls under the provision of a crinie or of one of the misdemeanours described in the articles 489, 490, 492, 496, 497, 503-505, 514, 17-519, 526, S31, 532, 596 and 540 and is committed before two yeas have lapsed since an catlier conviction of the same person of one of these mis avon 9snieanours or of a crime has become final, give the order that the person found gailty be placed at the disposal of the Government, without applsing ‘2 punishment; or sent ce the offender to a punishment, Article 46, (1) Lf the judge has given the order that the offender be placed at the disposal of the Government, he sh either placed at a Governmental institution in order that he be pro- vided 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 com porate or foundation or charitable institution, in order that he be pro- vided with his education by these bodies, or later on in another manner, by the Government; ~ jn both eases at the utmost until he shall reach the age of ighteen years, (2) Provisions for the implementation of the first paragraph of this article shall be fixed by Inv. Article 47, (1) 1E the judge sentences the person found guilty to = punishment, the suaximum of the basie punishment to be inmposed on the punishable act thall be mitigated by one third. (2) If it concerns a erime on which the eapltal punishment or a crime on which life imprisonment is impysed, a maximum imprisonment of fifteen years shall be imposed, : (3) The additional punishments mentioned in articles 10 under b, Ist and rd shall not be imposed. Article 43. Not punishable ‘shall, be the person who’ commits an act to which he is compelled by force majour Article 49, (1) Not punishable shell 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 Invtediate threstening unlawful assault, (2) Not punishable shall be-the overstepping of ' bound! of necessary de- fence, if it has been the immediate result ¢” . sre emotion caused by the assault, tas 4 Article 50, Not punishable shall be the person who commits an act for the execution of a statutory provision, 20 l | |Article 5: (© Not punishable shall be the person who commits an act for the execu:ion an official order issued by the competent authority. (2) An official order unless it was considered in good faith by the sutordi competently and its execution lied within the limit of his, Article 5: 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 528. If during the commission of 2 crime the national flag of the Republic of Indonesia is used, the punishnient imposed upon said crime may be euhanced with one third, CHAPTER IV Attempt. Article 53. (1) Attempt to commit a crime is punishable if the intention of the offender hhas revealed itself by commencement of the performance and the per formance is not completed only because of civcumstances independent of his will, (2) The maximum of the baste punishments imposed on the crime in case of attempt shall be mitigated by one third. (8) If capital punishment or life imprisonment is imposed upon a crime, a maximum imprisonnent of fifteen years shall be imposed, (4) The additional punishments for attempts are the same as for pleted crime. Article 54. ‘Attempt to commit a niisdemennour shall not be punishable. CHAPTER V Participation in punishable acts. i Article 55. als of # punishable set shall be punished: st, those who perpetrate, eause others to perpetrate, or take 2 direct2nd-ly, hose whe intentionally provoke the execution of the act gifts, promises, abute of power or of respect, force, threat deception or by providing #2 opportunity, means or informati (2) In respect to the provoker only those acts whith have been deliberately provoked and their consequeaces shall be considered. Article 36. ‘As uccomplicus to a erime shall be punished: Ast, the persons who deliberately ald in the commission 2rdly, the persons who deliberately provide opportunity, means or informa. tion for the commission of the crime. Article (1) The maximum of the basle punishments imposed upon the etime in complicity shall be nuitigated 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 thoxe 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 i excluded, mitigated or enchanced, in applying the penal provi- sions shall be compated only in respect of the said principal or accomplice personally. Article 59, In cases where by reason of misdemennour punishment is imposed upon directors, members of a board of management or commissioners, no punishment hall be pronounced-against the director or commissioner who evidently does not take any part in the commission of the misdemeanour. Article 60. Complicity to commit « misdentcanour shall not be punished Article Gt. () ta erie (rd by means of the, press the publisher in such stall not! <1 i€ the printed matter mentions his mive and domicile antl stritor is known or has been made known by the publisher at the uics¢ warning after the bill. {2} This provision shall not be applicable if at the time of publication no ceriniinal proceedings against tho perpetrator could be instituted or the perpetrator wat domicilled outside Indonesia.wo wo roy wo @ @ o oy Article 62, > In crimes committed by means of the press, the printer as such shait not be prosecuted, if the printed matter mentions Ais uame and dosticile ‘and the person by whore order the matter has been printed is known or bas been made known by the printer at the first warning after the bill, ‘This provision shall not be applicable if at the time of printing no criminal proceedings could be instituted against the person by whore order the matter wus printed or the person by whose order the matter has been printed was domiciled outside Indonesi CHAPTER YI Conjunction of punishable acts, Article 63, 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. If for an act that falls under a general penal provision there exists special penal provision, only the special penal provision shall be con. sidered, Article 64, If among more acts, even though each in itself forms 2 erime or tis- demeanour, there is such a relationship that they must be considered aa one continued act, only one persil provision shall apply whereby, in ease of difference, the most severe penal provision shall be imposed. Likewise only one penal provision shall apply in a verdict of forgery or niutilation of coins and of the use of the object in respect of which the forgery or mutilation of coins has been committed, If, however, the crime described in articles 864, 373, 319 and the fiest paragraph of article 407 aro committed in 2 continued set, and If the collective value of the loss on property enhanced by sald continued act amigants to more than twenty five Rupiahs, the penal provisions of articles ments are imposed, one punishisent shall &. Lote © 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.Auticle 66, of more acts which must be co! (2) Er cate of conjuncti s ‘cute-aets and which form more crimes on which dissimilar bas panishzrents are imposed, each of said punishments shall be pronounced, but altogether their term shall not exceed the longest term by more than one thicd. eases according to the duration of the jonment iniposed upon the act. (2) Fines are calculated in sai maximum substitutive light imy 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 certala rights, forfeiture of confiscated property and publication of the judicial judgment, Article 68. (1)"" In cases of articles 65 and 6G in respect of additional punishsient the following provision shall apply: Ist, the punishments of depriv into one punishment, exceeding in term the ba: punishments imposed by at least two and at most five years, or in ease no other Basie punishment is imposed than fine, dissolved into one punishment the term of which is at least two and at riost five yes 2nd-ly, tho punishments of deprivation of dissimilar rights stall be imposed for cach erime serarately and withut mitigation; Brdely, the punishments of forfeiture of specitic property, similar to the substitutive light imprisonment in ease of nondelivery of sald property, shall be imposed for each erime separately: and without nitigation, (2) The sum total of the punishments of substicutive light imprisonment may not exceed the term of eight months. jon of the same rights are dissolved je punishment or Article 69, (1) The relative severity of dissimilar basic punishments shall be determined by the sequence of article 10. In cases where the judge has the option between more basic punisliments, only the most severe antong said punishments shall be taken into consi- deration in making a comparison. ‘The relative severity of similar busie pu by the maximum punishnient, (4) The relative torm of both the dissimilar as well as the similar basic punishments shall also be determined by the riasArticle 70, (1) In cases of conjunction in the manner referred to in articles 65 and 65, both of misdemeanours together with crimes as wall as of misdemeanou: aniong themselves, punishment shall be imposed on each misdemeanou: without mitigatio (2) In case of misdemeanours, the punishments of light imprisonment and substitative light imprisonment together shall not exceed the term of one year and four months, and those of substitutive light imprisonmencs together shall not exceed the term of eight mozths, Article 70 bis. In reapect of the application of articles 65, 66 and 70 the crimes described in the articles 802, first paragraph, 352, 364, 973, 319 and 482 shall be considered ag misdemesnours, on the understanding that as far as imprison. ments are intposed these imprisonments for said erimes together shall not exceed the term of eight. months. Article 71. I a person after sentence to punishment is again found guilty of a crime or misdemeanour conimitted prior to said sentence, the earlier punish- mmient shall be taken into account, with application of the provisions of this chapter in the ease of simultancous trial CHAPTER VI Filing and withdrawal of complaint ia crimes to be prosecuted only upon complaint. Article 72, (1) As long as the person ugainst whom erime has been committed which to be prosecuted only upon complaint, has not reached the age of sixteen years and is also a minor, of as long as the perton otherwise than by reason of prodigality has been placed under guardianship, the person authorized to file the complaint shall be his legal representative : ate affairs, (2) If the legal represcutative is missing, or if he fe the person whomt the complaint bad to be filed, the prosecution may take place upon complaint of the co-guardian or ca-curator, oF of the board charged the co-guardiarhin " es-ruratorship, of the wife, of 2 blood relative in the direct tin 5 sence Of this relative, upon complaint of a blood relat? w sidcsting until and jueluding the third degree. 4 Article 73, If the person against whom the crime has beon coinmitted dies within the term preseribed in the following article, the prosecution may, withoutextention of asid term, take place upoa complaint of the parents, of the children or of the surviving spouse, valess i sat that the deceased did no: wish the prosecut place, Article Th, (2) 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 hus knowledge of ft, if he is domictled’ outside Indonesia. (2) If at the moment when the person against whom the crinte has been cc titted: 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 os the term remains. Article 75. ‘The person who files the complaint teniains competent to withdraw the complaint during three months after the filling date. CHAPTER VIL Lapse of the right to prosecute and of the punishment. ' Article 76. i (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 hag become final, By Indo: nesian judge shall be understood also the judges of the Adat Law tri- bunala at places where such tribunals exit, (2): If the final verdict comes from another judge, vo prosecution shall ’ take place against the same person by reason of the same act in case of Ast, acquittal or lapse of time from prosecution: 2nd-ly, ‘sentence followed by a completed execution, grace or lapse of tine from punishment. Article 17. ‘The right to prosecute shall lapse ly the death of the accused. Artide 78. (1) The right to prosecute shall lapse by lapse of t's: “4st, in one year for all misdemeanours and for the crintes committed by means of the press: 2nd-ly, in six years for the etimes upon which fine, custody ot impri- sonment of not more than three years is imposed:imprison. Srd-ly, in twelve years for all crimes upon which temporary men’ for more than three years is Imposed: Ath-ly, in. tors years for all crimes upon which capital peaishment or life L.:prisonment is imposed. (2) Im 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 lapre of time arentioned above shall be mitigated by one third. Article 79. ‘The term of lapse of time commences on the next day after the day on which that act has been commultted, except in the following cases: Ast, in forgery or mutilation of coins the term commences on the next day after the day on which use has been miade of the object with respect to which the forgery or mutilation of coins has bee cont mitted 2ndsly, in the crimes described in articles $28, 329, 380 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: Sed-ly, in the misdemeanours described in the articles 856 up to and including a, 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 recsrd-office of a judicial tribunal, the transfer of the registers from which the misdemeanour is evident, has taken place. Article 80. (1) Euch set of prosecution arrests the Inpse of time, provided that the said act is known to the accused or made known to hin in the manner 2s determined by general regulations. . (2) After the arrest a new term of lapse of time shall stert, Article 81. ‘The suspension ‘of a penal prosecution in case of a prejudicial dispute shall suspend the lapse of the, Antile 82 (1) The right to prosceute in case of misdemeanouss on which no other basic punishment is imposed than fine, shall lapse by voluntary payment of the maxinum of the fine, and of the costs if prosecution has already takon place, by authorization of the official designated thereto by general regulations within the term to be determined by hin. It in addition to fine forfeiture is imposed, the objects subjected 1 the forfeiture shall also be surrendered of the value at which they: are tstimated by tho official referred to in the first paragraph, shall be paid for.(8) In the cases where the puaishment is enhanced because af 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 hhas' not yet reached the age of sixteen years before the act has been committed, Article 83, Article 84. (1) The right to execution of the punishment shall lapse through lapse of tie. (2) The term of this tapse of time is in cases of misdemeanours two years, In cases of crimes committed ‘by means of the press five years, and in eases of other crimes one third in excess of the term of the lapse of time of the right to sentence prosecution. (3) In no cased the term of the Iapse of time shall be shorter than the duration of the Impoted punishment, - (4) The right to the execution of the capital punishment shalt wot 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 judisial pronouncement may be executed, (2) In cate of escape of a convict during the service of his punishment ‘4 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 « new term of lapse of tinte commtences to run frott the next day after the day of the revocation, (2) 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. : ' * cHaprér ix Sense of some expressions used in the Code. Article 86, Wherever critic is used in a general or a specific sense complicity and attempt to said crime shall be Included, ax far as the contrary does not follow from some provision. 2Article apt to commit an act” exist as soon as the inten: of the perpetrator va led itself by a comalencement of the performenc: ia the sense of has ret article Article 88, ‘two oF more persons agree to commit a “Conspiracy” exists as soon Article 88 bi “Revolution” denotes the destruction or illegal alteration of the consti- ‘tutional form of government. Article 89. ‘Tne commission of violence is identified with brin of unconsciousness or helplessness, Article 90, "Serious physical injury" denote: illness or injury which docs not leave any prospect for a complete recovery or through which danger of life exists; continuous incompetence for performing official and professional activities; loss of the use of a sense organ; mutilation: ; paralysis; disturbance of the intellectual capabilities which lasted for more than four week removal or death of the womb of a woman Article 91. (1) "Paternal authority” include the authority (2) "Parente’t include the head of the family. (8) Father” algo includes the person who exercises an authority similar to the paternal one. child” ineludes the person who is subject to an authority similar to the paternal one. of the head of the family. w Ee Article 92, (1) "Ofticiats” atso include all the persons who have been elected in elections held by virtue of general regulations, as well as all the persons who by other reason than by virtue of an election are members of a legislative body a governmental body or a body of the peoples representatives formed by or on’behalf of the Govsramer*; and further all members of a water- works and all heads of tic i+!» sian indigenous population and heads ‘of the foreign Asiatic g's. “eno exercise legal authority. Officials and judges shaii aso Include arbitrators; judges also include the persons who excreise administrative legal power, as also the chair- ‘yen and members of the religious tribunals, (3) All persons belenging to the armed forces shall also be considered officials, 2| | Article 92 bis Merchant” denotes any person who exercises a business. a ele 98. (2) Skipper" is the master of a vessel or the person who, substitutes him, Passengers” are all the persons on board the vessel except for the skipper, (3) "Members of the crew of a vessel” are all the persons who are on beard the vessel as marine officers or ships's mates. Article 94. Repealed by act 1946 No, 1, Article 95, "Indonesian vessel” denotes any vessels which pursuant to general regulations concerning the certificates of registry and ship's passes in Indo- resin must be provided with a certificate of registry and ship's passes or temporary substitutive permits, 5 Article 95 3. (1) “Indonesian aircraft” denotes any aireraft registered in Indones (2) “Indonesian sireraft” includes any foreign alreraft, chartered without erew and pst into operation by an Indonesian airline company. Article 95 b. "In flight” denotes any time from the montent when all external doors of the alreratt are closed following embarkation until the moment when any suck door is opened for disembarkation, In the case of a forced landing the flight shall be considered to continue until the moment when competent authorities take over responsiblity for the alreraft and for the property on beard, Article 95. “tn service denotes the period fom the beginning of the preflight pre- paration of the sireraft by ground personnel or by the exew for a specific flight until twenty four hours after any landi Article 96. (2) Enemy" includes insurgents, Enemy” also includes the state or power vith which a war is fmminent, - .War" includes hostilities with sel L governing regions, as well as ¢ of War" includes the time when war Is imminent, ,,Time of war” is also ssid to exist as soon as the mobilization of the army han bees ordered and as long as the army remains mobilized. @ |Article 97. Day” denotes a period of twenty four hours, month a period of thirty days. Article 98, wNight” denotes the time between sunset and sunrise. Article 99, Climbing in” includes the passing through an existing opening in the ground not intended as an entrance of through a deliberately dug up opening in the ground, as well as the stepping across ditches or danals serving as enclosures. Article 100 False keys" Include ll tools not destined to be used ax @ tool to open the lock. Article 101, Cattle” denotes one-hoofed animals, ruminants and pigs. Article 101 bis, include works serving to generate, conduct, transfer or our and safeguarding, fastening, supporting and warn- ing works relating thereto. (2) Electric works” do not include telegraph and telephone works. Article 10% Revoked pursuant to State Gazette 1920 No, 382. Concluding provision. Article 102. ‘The provisions of the first eight Chapters of this Book shall also apply to facts on which punishment is imposed by other statutory provisions, unless dotermined otherwise by statute BOOK I, Crimes. CHAPTER I Crimes against the serrity -° the State, 4 Ar co i ‘The attempt undertaken with inisci to deprive the President or Vice President of his life or his liberty or to render him wnCit to govern, shall be punished by capital punishment or life imprisonment or a maximum impti- xonment of twenty years, 2Article 105. _ Repealed by Act 116 Article 106 ‘The attempt undertaken with intent to wholly oF partially under foreign dori shall be punished by life imprisonment Article 107 (1) The attempt undertaken with the intent to cause 2 revolution shall be punished by a maximum imprisonment of fifteen years, (2) Leaders and originators of an attempt referred to In the first paragraph shall be punished 'y lie imprisonment or a maximum imprisonment of twenty years, Article 108, (1) Guilty of rebeltion and punished by a maximum imprisonment of fifteen years shall be: 1st, the person who tales up arms against the Governments 2ndély, the person who with the inteat-to rebel against the Government, rises with or joins a band which take up arms agzinst the Go. cea Vernment, (2) Leaders and originators of a rebellion shall be punished by lite imprison- nent or a niaximum imprisonment of twenty years. Article 109, Revoked pursuant to State Gazette 1930 No, 3} Article 110, (1), The conspiracy to one of the crimes described in articles 104-108 shall be punished by a maximum imprisonment of six years. (2) The same punishment shall apply to the person who with the intent to prepare or facilitate one of the crimes described in articles 304-105 Ist, tries to induce others to commit the crime, to eause others to commit or participate in the commission of the crime, to faci. Titate the crime or to provide opportunity, means oF information relating thereto; 2ndty, tries ta provide himself or others with the opportunity, means ‘oF information for committing the crime; hhas in store objects of which he know that they are de for committing the erime 4dthly, makes plans ready or is in possession of plans for the ex. 1, of the crime intended to be made known to other person; Sthely, tries to hinder, to obstruct or to defeat a measure taken by the Government to prevent or to suppress the execution of the 3rd 2'3) The objects referred to in the foregoing paragraph under Srd-ly may be forfeited. (4) Not punishable shall be the intent is merely aimed at ue preparation or facil changes in the general sense, (5) Hf in cases mentioned under section (1) and (2) of this article, the crime really takes place, the punishment may be doubled. on from whom it is evident that his tion of polisieal Article 111. (1) Any person who colludes with either a foreign power or a king or a community, with the intent to induce them to conduct hostilities or to wage a war against the state, to strengthen them in the intention miade up thereto, thereby promising them assistance or assisting them in their preparations, shall be punished by a maximam imprisonment of fifteen yea (2) If the hostilities are committed or the war breaks out, either capital punishment or life imprisonment or 2 mioximum imprisonment of twenty years shall be imposed. Article 111 bis, (2) By a maximum imprisonment of six years shall be punished: Ist, any person who colludes with a person or body domiciled outside Indonesis, with the intent to induce such a person or body to provide aid in preparing, facilitating or causing a revolution, to strengthen such a person or body in the intention made up thereto, or thereby promising or providing assistance to such fa person or body, or to prepare, to facilitate or to bring about a revolution; any person who imports an object capable of providing materia! in preparing, facilitating of causing a revolution, if he knows for has earnestly reasons to suspect that it is intended thereto: ard-ly, any person who is in possession of or makes as a subject of an agreement, an article capable of providing materia! aid in pre- paring, facilitating or causing 2 revolution, if ke knows or hn earnestly reagon to suspect that it is intented thereto and that said article or any other article for which it has beon substi- tuted, either has been imported with seid intention, or has been intended thereto by or on bchalf of a person or body domiciled outside Indones (2) ‘The attieles with which or iu respect of which the crimes described in the foregoing parazraph under 2nd-ly and Srd-ly have been committed, ray be forfeited. 2ndely Article 112 5 A a who deliberately either reveals or informs or smuggles into tile hanes via foreign power, a king or a community, documents, news oF information concerning a case of which he knows that secrecy has been ordered by the interest of the state, shall be punished by capital punishment or life mum imprisonnient of seven years. imprisonment oFArticle 113, (1) Any person who hating In his possession secret decume drawings or objects relating to the defense or the exte: of Indonesia or having knowledge of the content of such secret document: or of the form and the compos wholly or partially either reveals said docums content, the focm or the composition thereof, or co others or smuggles them into the hands of others who are not fzed to take cognizance thereof, shall be punished by a maximam imprie sonment of four years, (2) If said ‘documents or objects which are in his possession or of which he has Knowledge, are because of his profession, the punishnient ms bbe enhanced with one third maps, plans, Article 114. Any person through whose negligence the secret documents or objects referred to in article 113, with the custody or storage of which he is in charge, their form or thelr composition have been wholly or partially disclosed or have comte inte the possession or cognizance of other persons who are not authorized to have knowledge thereof, shall be punished by a maximum imprisonment of one year and six months or a maximum light imprisonment of one year for a maximum fine of three hundred Rupishs. Article 115. Any person who wholly or partially examines or takes cognizance of secret documents of objects referred to in article 118, of which he knows or must reasonably suspect that they are not destined to be known by hint, cof makes or causes to make copies or abstracts in whichever script or language, prints, portraits or imitations or does not hand the said documents or objects to an ofticial of the justice or the police or the local government if he obtains possession thereof, shall be punished by a maxinvum imprisonment of three years. Article 116. ‘The conspiracy to commit the erimes described in at be punished by a-mazimum impritonnient of one year. ticle 113 and 115 shal, Article 117. By a maximum imprisonment of six months or a maximum fine of three hundred Rupizhs shall be punished the person who without being thereto authorized Ast, deliberately enters into an establisment of the army or navy or a warship through another entrance than tc usual one; 2ndety, deliberately enters into x terrain whicx cv on behalf of the President or by the Military Authority has beer -csignite@®&¥ a military terrain, which the entrance is prohibited: * Srd-ly, deliberately produces, collects, possesses, keeps, hides or tranports a Photographic picture, a drawing or other data of indieations coneerninz 8 terrain referred ta under Qnd-ly together with all that is in it, 4Article 118, By a maximem imprisonment of two years or a maximum fine of six b: Rapiahs shall be punished the person who, without being authorized thereto deliberately produces, collects, possesses, keeps, hides or tranports a photographic picture, a survey, portrait or description or a drawing as well as other data or indications: concerning a matter of military interest. Article 119, By a maximum imprisonment of one year shall be punished: Ast, any person who takes in somebody, knowing or having reason to suspect that this person without being authorized thereto has the intention or attempts to obtain knowledge of secret documents or objects referred to in article 118 or to get himself acquinced with the position, the construction, the layout, the arrangement, the arniament, the provision, the munition outfit or the strength of defense works or any other matter of military interes! any person who conceals objects of which it is known to him or of which he must reasonably suspect that they must in whatever manner bbe of aervice at the execution of an intention referred to under 1st. Article 120. If the commission of one of the crimes described in articles 113, 115, 117, 118 and 119 is accompanied with the use of fraudulent meuns, such as acception, disguise, the use of false names or eapacities, as well as accompanied with presentation oF acceptance, holding out or promise of gifts, benefits of rewards in whatever form or by force or threat of force, the punishments of deprivation of liberty may be doubled. Article 121, Any person who deliberately conducts a negotiation with 2 foreign power, ‘a king of a community to which he has been assigned éy the Government, to the detriment of the state, shall be punished by a prisonnent of tivelve years. Article 122. By a maximum imprigonment of seven years shall ber punished: Ist, any person who in case of a war in which Indonesia is not involved, deliberately perform an action on account of which the neutrality of the state is .endangered, or deliberately breaks a special regulation issued and announced by the Government for maintaining the neutrality: 2ndsty, any person who in time of war intentionally breaks a regulation issued ‘and announced by the Government in the interest of the security of the atate, 35Article 123, y Indonesian subject who volurtarily enters into military a foreign power, knowing that it is in war with Indonesia or in the of a war with Indonesia, in the latter case if the war punished by eapital punishment or life imprisonment or 4 maximum imprison- ment of fifteen years. Article 124 time of war inten nally renders assistance to the (D Any person who shall be punished by enemy .or prejudices the state against the enemy a maximom imprisonment of fifteen years. (2) Life imprisonment or a maximum imprisonnient or twenty years shall be if the principal: rms or surrenders 2 map, plan, drawing or deseription of wary works, of azy information concerning military move- ments or plans} Qnd-ly, serve the enemy as A spy oF harbours a spy. | punishment or life imprisonment or a maximum imprisonment of twenty years shall be imposed, if the principal: Ast, betrays to the enemy, smuggles into the enemy's hands, destr or damages an stronghold or post, which is reinforced or occupied, a means of communication, a storehouse, 2 military provision, or a military, naval or army chest or any part thereof, obstruct prevents or frustrates a plan for inundation or another military plar devised or executed for defence or attack. 2nd-ly, causes or facilitates a revolt, mutiny ot desertion among the armed forees, imposed, 1st @ Article 125, ‘The conspiracy to commit one of the crimes deseribed in article 124 shall be punished by a maximum Imprisonment of six years Article 128. By 2 maximum imprisonment of seven years shall be punishod who in tine of war without intent to render assistance to the enci projuidice the state against the enemy daliberately: Ist, harbours, conceals a spy of the enemy or assists him in his escape: or to 2nd-ly, instigates or furthers a desertion of a soldier in service of the stat Article 1 (The pene time of war commits a fraudulent act in the delivery ote lsc of the navy or the army shall be punished by eapital pen life imprisonment or a miaxinwm imprisonment of twelve years. (2) By the same punishment shall be punished any person who being in charge with the sunervision of the delivery of gonds, intentionally allows the fraudulent act. 36Article 128, (2) By conviction on account of one of the erimes described {n arti deprivation of the rights mentioned in article $5 nos. 1-5 nay be pro- nounced. (2) By conviction on account of one of the crimes deseribed in articles 106~ 108, 110-125, deprivation of the rights mentioned in article 35 first to thirdly may be pronounced. (3) By conviction on account of the erime described in article 127 the offender may be deprived of the exercise of the Profession in which he has com- mitted the crime, and of the rights mentioned in article 25 first to fourthly, ion of the judicial verdict may be ordered. ‘The punishment imposed on the facts described in the articles 124-127 ‘shall apply if one of the safd facts is committed against or in respect of the allies of the state in a common war. CHAPTER II Crimes against the dignity of the President and Viec President. Article 130. Repealed by Act 1946 No, 1. Article 181. Every factual asauult againat the person of the President or Vice President which does not fall under @ heavier ponal provision shall be punished by 2 maximunt imprisonment of eight years, Articles 182 and 133. Repealed by Act 1946 No. 1. , Article 134. Deliberate insult against the President or Vice President shall be punished by a maximum Imprisonment of six years a maximum fine of three hundred Rupiahs. Articles 185 and 136. Repealed by Act 1946 No. 1. Article 136 bis, Deliberate insult in article 134 also includes ¢! 315, if this hus been ‘committed in the absence of t «.aigted apravn, either ih public by acts or not in public but in the presence of miore than four persons, or only in the presence of a third party who Is present aotwithstandi his ov will and who taker offence of it, by sets at well as by words of it writing.Article 137. sson who disseminates, demonstrates opesly or puts up a writi .'vait containing an insilt against the President or Vice Presid wita intent to make the contents public or enhance the publicity thereof, shall be panished by a maximum implisonment of one year ard four months or 2 maximum fine of three twundred Rupiahs. (2) If the offender commits the crime {n his profession and during the commission of the crime two years have not yet elapsed since an earlier conviction on account of = similar erime has become final, he may be deprived of the exercise of said profe: Article 138. Repealed by Act 1948 No. Article 139, ot (1) Repealed by Act 1936 (2) By conviction on account of one of the crimes described in article 131, deprivation of the rights mentioned in article $5 first to fourthly may bbe pronounced, (8) By conviction on account of one of the crimes described in article 134 le 35 deprivation of the rights mentioned in ai st to thirdly nies bbe praqqunced. CHAPTER Ut Crivies agaiust frlendly states and Fopteseutatives of friendly states. Article 1308. ‘The attempt undertsken with intent to withdraw wholly or partially the territory or another area of a friendly state from the severeignty of the there established authority, shall be punished by a maxinum imprisonment of dive years, Article 1290, ‘The attempt undertaken with intent to destroy or to illegally alter the established form af government of a frieadly state or another territory of a feiendly state, shall be punished by a maximum imprisonment of four years. Article 1996. ‘The conspiracy to one of the crimes described in articles 139 and 1300 sg soshall be punished by.a maximum, imprisonment of one yeux and six months 0 Article 140. (1) The attempt on the life or the Tiberty of a rullug king or another head of a friendly state shall be punished by a maximum imprisonsient of fifteen yearIE the attempt on said life results in death or is undertaken with preste. ditation, a life Imprisonment or a maximum Imprisonment of twenty ‘years shall be imposed. Ig the ettempt on said life, undertaken with premedi death, the capital punishment or fife Imprisonment or a maximum inpri sonment of twenty years shail be imposed. 2) son, results in @ Article 141. Each factual assauit against the person of a ruling king or another head of a friendly state, which does not fall under a more service penal provision, shall be punished by a maximum imprisonment of seven years. Article 122 Deliberate insult against a ruling king or another head of a friendly state shall be punished by maximum imprisonment of five years or maximum fine of three hundred Rupiahs, Article 142 Any person who violates the national flag of a friendly state shall be punished by a maximum imprisonment of four years or s maximum fine of three thousand Ruplahs. Article 143. Intentional insult against a representative of 2 foreign power to the Indonesian Government in his capacity, shall be punished by a maximum imprisonment of five years or a maximum fine of three hundred Rupiahs. Article 11s. (1) Any person who disseminates, openly demonstrutes or puts up a writing for portrait containing an insult against a ruling king or another head of & friendly state or against a representative of a Zoreign power to the Indozesian Government in his capacity, with intent to make the insulting content public or to enhance the publicity thereof, shail be punished by a maximum Imprisonment of nine months or a\ maximum fine of three hundred Rupiahs, (2) If the offender conumits the crime in his profession and during the com- mission of the erinie, two years have not yet clapsed since an carlier conviction on account of a sinilar crime has become final, he may be deprived of the exercise of said profession. Atticle 145, (1) By couvietion or arer> of the erime described in article 110, deprivation of the rights ele 95 first to fifthly may be pronounced. By conviction + of the crime described in article 141, deprivation of the rights me. in article 35 first tu foucthly may be pronouneed: (3) By conviction on ecount of one of the crintes described in articles 133: 1395, 189, 142 and 113, deprivation of the rights mentioned in article 35 first to thirdly may be pronounced. 29CHAPTER IV Grimes concerning the perforsiance of state duties and state right Artisle 146. Any person who with violence or threat of violence disperses a meeting of the legislative body, government body or peoples representative body formed by or on behalf of the Government, or forces sald bodies to adopt or not to adopt a decission, or removes the chairman or a member from said meeting, shall be punished by @ maximum imprisonment of nine years. Article 147, Any person who with violence or threat of violence intentionally obstructs the chairman or member of the legislative body, government body or peoples representative body formed by or on behalf of the Government, to attend the meeting of sald bodies or to fulfil his duty in said bodies free and unimpeded, shall be punished by a maximunt imprisonment of two years and eight months. Article 148. Any person, who on the occasion of an election held by wirtue of a general regulation with violence or threat of violence intentionally hinders somebody to exéicise his franchise free and unimpeded, shall be punished by a maximum. imprigonment of one year and four months, Article 149. (4) Any perton who on the occasion of an election held by virtue of a general regulation by gift or promise bribes somebody either not to exer~ cise his franchise or to exercise it in a certain manner, shall be punished by a maximum imprisonment of nine months or a maximum fine of three hundred Rupiahs. (2) The same punishment shall apply to the elector who by gift or promise allows himself to be bribed to exercise or not exercise his above mentioned rights. Article 150. Any person who, on the occasion of un election held by virtue of ¢ geser regulation, commits & fraudulent act by which the vote of au elector beeenies null and void or a person other than the one meant by the clestor iz designated, shall be punished by 2 maximum imprisonment of nine r shone Article 151. : Any person who, intentionally giving hiniself out for auother, takes part in an election held by virtue of a general regulation, shall be punished by 3 maximum Imprisonment of one year and four months 0Article 13! “Any person “<0, on the occasion of an election held by virtue of a ge segolation, delibusscely ‘zstrates a voting that has taken place or comm: [fraudulent act which causes to the voting another resule than would have teen obtained through the votingpapers handed in legally or through the legally recorded votes, shall be punished by s maximum imprisonment of tro Article 158, By conviction on account of the crime described in article 146, deprivation of the tights mentioned in articles 35 first to thirdly may be pronounced, (2) By eouvietion on account of one of the crimes described in articles 14 152, deprivation of the rights mentioned in articles 25 thirdly may be pronounced. o CHAPTER V Crimes against the public order. Article 153 bis and 158 ter. Repealed by Act 1948 No. 1. Article 154 The person who publicly gives expression to feelings of hostility, hatred for contenipt against the Government of Indouesia, shall be punished by a ‘maxinum Imprisonment of seven years or a maximum fine of three hundred Rupiahs. Article 54a. Any person who violates the National Flag of the Republic of Indouesic and the coat of Arms of the Republic of Indonesia, shall be punished by x maximum imprisonment of four years or a maximum fine of three thousand Rupiahs. Article 15: (2) Any person who disseminates, openly demonstrates or puts up a writing where feclings of hostility, hatred or conicmpt against the Goveriment of Indonesia are expressed, with intent to give publicity to the contents of to enhence the publicity thereof, shall be punished by & maximun .imprisonnient of four years and six months or a maximum fine of three ‘hundred Rupishs. (2) Uf the offender commits the crime in his profession and during the commission of the crime five years have not yet elapsed since an earlier conviction on account of x similar crime has become final, he may be released from the exercise of said profession. 4Article 156. The person who publicly gives expression to £201 or contempt against one or more groups of the poj-ul be punished by a maximum imprisonment of four years or a maximum f of three hundred Rupiahs. By group in this and in the following article shall be understood each of the population of Indonesia that distinguishes itself from one or niore othe: parts of that population by race, country of origin, religion, origin, descent, nationality or constitutional condition, Article 15 By a maximum imprisonment of five years shall be punished any person who deliberately inpublic gives expression to feelings or commits an act, a. which frinefpally have the character of being at enimity with, abusing staining @ religion, adhered to in Indonesi: b. with the intention to prevent a person te adhere to any religion based fon the belief of the allmighty God...... Article 157. ‘Any person who disseminated, openly demonstrates or puts up a writing or portrait where feelings of hostility, hatred or contertpt against or among groaps of the population of Indonesia are expressed, with intent to give publicity to the contents or to enhance the publicity thereof, shall be punished by a maximum imprisonment of two years and six months ox » maximum fine of three hundred Rupiahs. Article 138. Any person who causes the holding of an election in Indonesia of a member of a political body in a foreign country, or who prepares or facilitates in Indonesia suck an election, which is to be held cither in Indonesia or in a foreign country, shall be punished by a masximum imprisonment of two years or a maximum fine of five hundred rupiahs, Article 155 Any person who -particlpates in an election, mentioned In article 15S, which is held citier in Indonesia or.in a foreign country, shall be punished by a maximum imprisonment of six months or a maxinunt fine of one hundred rupiahs, iele 160. Any person who 10 writing incites in public to commit a punish- able aet, a violent action against the public authority or any other disobedience, ther to a statutory provision oF to an official order issued under a statutory provision, shall be punished by @ maximum imprisonment of six years or 2 ‘ecximum! fing of three hundred Rupiahs, a2Article 161. (4) Any person who disseminates, openly demonstrates or puts up a writing ja which fs ineited to commit a punishable aet, 2 violent action azelo the pablle authority or any other disobedience described in the foregoing article, with intent to give publicity to the inciting content or to enbance the publicity thereof, shall be punished by a maximum imprisonment of four years of a maximum fine of three hundred Rupiahs. (2) If the offender commits the crfme In his profession and during the commission of the crime five years have not yet elapsed since an earlier conviction on account of a similar rine has become final, he may be deprived af the performance of said profession. Article 161 bis. Repesled by Act 1946 No. 1. Article 162. Any person who in public orally or in writing offers to give information opportunity or means for the commission of a punishable act, shall be punished by @ maximum imprisonment of nine months or a maximum fine of three hnundred Rupfahs. Artiele 163 w who disseminates, openly demonstrates or puts up a writing in which is offered to provide information, opportunity or means for the ednninlesion of a punishable act, with intent to give publicity to said offer or to enhance the publicity thereof, shall be punished by a maximum imprisonment of four months and two weeks or a maximum fine of three hundred Rupiahs. (2) Mf the offender commits the crime in his profession and during the commission of the crime five years have not yet elapsed since an earlier convietion on account of similar crime has beconie final, he may bbe deprived of the performance of sald profession. Article 162 bis. (1) Any person who by one the means mentioned in article 83 under 2 attempts to induce others to commit a crime, shall, if it dues not result in the crime or x punishable attempt thereto, be punished by a maxinwnt imprisonment of six years or a maximum fine of three hundred Rupizhs, however on the understanding that never a punishment shall be pronounced more severe than may be imposed on acconn: of 2m attempt to the-erime, or, If such attempt is not punishabie, o- acggunt 2. "of the erime itself (2) This provision shall not apply to him i€ it does not result in the crime ‘or a punishable attempt thereto on account of circumstances dependinz on his will aArticle 161 to one of the crimes des 124, IST of 167 bie at a moment L be prevented, deliberately omits Any person bavi ceribed in articles 103 108, 128, 11 when the commission of said crimes may st to give timely adequate notice thereof either to the officers of the justice or police, or to the threatened person, shall, if the crime was committed, be punished by a maximum imprisonment of one year and four months or a maximum fine of three hundred Rupiahs. 7 Article 165, (1) Any person, having knowledge of an intention to conmic one of the crimes described in articles 104, 106, 107, 108, 110-113, 115-129 and 181, desertion in time of war, nilltary treason, robbery on people or rape, the one of the crimes described in Chapter VIL of this Act as far as danger of life is thereby caused, or the commission of one of the crimes deseribed in articles 264 and 275 as far as it concerns ereditpaper destined for circulation, at a moment when the commission of these crines may still be prevented, intentionaly neglects to give timely adequate notice thereof either to the officers of the justice or police, or to the threatened person, shall, if the crime was committed, be punished by a maximum imprisonment of nine months or a maximum fine of three hundred Rupiahs. (2) “The same punishment shall apply to any person who, having knowledge of an already committed crime mentioned in the first paragraph whereby danger of life has arisen, intentionally neglects to give similar notice thereof at 2 moment when the consequences may still be averted. Article 166, ‘The provisions of articles. 161 and 185 shall not be upplicable to any person who by giving the notice would endanger himself, one of his blood relatives or persons allied by marriage in the straight line or in the second or third degree of the side-line, his spouse or ex-spouse, or another with whose prosecution he, owing to his office or profession, would be able excuse himself front giving evidence, to be prosecuted. Atticle 187. (1) Any person who illegally forces his way into the dwelling oF the enclosed room or grounds, used hy another, or staying there illegally doce not ‘move away immediately at the demand of or on behalf of the rightful claimant, shall be punished by a maximum imprisonment of nine months ‘or a maximum fine of thre hundred Rupiahs Any person who ha ‘oesed an entrance = oF elimbin, in, false keys, a false order or a false constume, or who, without privet knowledge of the rightful claimant and having entered otherwise thant by mistake, is found there by night, shall be deemed to have forced his way into ' “@ i) o @ @ w @ i) Cy w @ co fs oF uses micans capable of intimidation, he shall If he expresses thres be punished by a maximum imprisonment of one year and four months. ‘The punishments laid down in the first and third pararraph may be intensified by one third, if two or miore united persons commit the erime, Article 168. Any person who illegally forces his way into a room destined for public service: or staying there illegally does not immediately move away at the demand of the authorized official, shall Se punished by a maximum Imprisonment of four months and two weeks or a maximum fine of three hundred Repiahs, ‘The person who has forced an entrance by means of breaking or climbing In, false keys, a false order or a false costume, or who, without prior authorized official and having entered otherwise found there by night, shall be deemed to have forced If he expresses threats or makes use of means capable of intimidation, he shall be punished by a maximum imprisonment of one year and four months. ‘The punishments laid down in the first and third paragraph may be intensified by one third, if two or more united persons commit the erime. Article 169. Participation in an association which has intent to commit crimes or in another association prohibited by general regulations, shall be punished by # maximum imprisonment of six years. Participation in an association which has the intent to commit misde- meanours shall be punished by a maximum imprisonment of nine months or a maximum fine of three hundred Rupiahs, In'respect of the founders oF directors said punishments may be enhanced with one third. Article Persons who with united forces openly commit violence against persons or property, shall be punished by 2 maximum imprisonnient of five years and six months, ‘The offenders shall be punished: ist, by maximum imprisonment of seven years, destroys property or of the violence committed by him results in a physical injury 2ndely, by a maximum impri in a serious physical i.jurys Srd-ly, by a maximum imprisonment of twelve years, results in death, Articte 89 shall nnt he applieale, of nine years, if said violence results, it said violence 45Article 111. Repealed by Act 1946 No. 1. Article 1 ‘The person who intentionally disturbs the public tranquillity by cries or signals of false alarm shall be punished by a maximum imprisonment of three weeks of a maximum fine of sixty Rupiahs, Article 173. ‘Any person who by violence or threat of violence hinders a lawful public meeting shall be punished by a niaximum imprisonment of one year. Atticle 174, : Any person who by causing disorder or making noise with deliberate ent disturbs a lawful public meeting shall be punished by « maximum imprisonment of three weeks or a maximum fine of sixty Rupiahs- Article 175. Any person who by violence of threat of violence obstructs either a lawful public religious meeting, ar a lawful religious cerentony or funeral ceremony, shall be punished by a maximum imprisonment of one year and four months. Article 176, sw ‘Any person who by causing disorder or making noise with deliberate intent obstructs cither e lawful public religious meeting, or a laveful religious for funeral ceremony, shall be punished by a maximum imprisonment of one month and two weeks or a niaximum fine of hundred and twenty Rupiahs. Article 177, By a maximum imprisonment of four months and two weeks oF @ maximum fine of one hundred and twenty Buplahs shall be punished: Ist, ' any person who ridicules a minister of the religion In the lawf obsevation of his servi nd-ly, any person who Jeers at objects dedicated to a divine yorkship, where and vwhen the exercise of said worship is lawful. Article 17 Any person who with deliberate intent obstructs or hinders the lawful entrance to a graveyard or the lawful conveyance of dead body to a grave: yard, shall be punished by 2 maximum imprisonment of one month and two weeks or a maximum fine ef hundred and twenty Rupiahs. any person who with deliberate intent defaces a grave of with deliberate intent and illegally destroys or damages a memorial constructed at a grave- yard shall be purished by a maximum imprisonment of one year and four ‘months. 6Article 186. Avy person who with delibenate intent and itlegally digs up and takes ‘a dug up or removed corpse, shall be away 8 corpse of removes or ¢ punished by a maximum imprisonment of one year and four months of 2 maximum fine of three hundred Rupiahs. Article 151. “Any person who buries, hides, carries asway or removes a dead body, qrith intent to conceal the death or the birth, shall be punished by a maximunt imprisonment of nine months or & maximum fine of three hundred Rupiahs, CHAPTER VI Dusiling. Article 182. ‘Shall be punished by a maximum imprisonment of nine months: 1, any person who incites another to give a challenge to a duel or makes another to accept said challenge, if there upon a dual follows; any person who intentionally gives a challenge to a duel, i a duel follows. ‘there upon Article 183, Shail be punished by # maximum imprisonment of six months or a mu: imum fine of three hundred rupiahs, any person who publicly or ut the presence of another, reproaches or holds up to ridicule a person for not having given a challenge to a duel or for having refused to accept sai challenge. Article 184, (1) Any person who does not physically injure his adversary in a duet she! be punished by a maximum imprisonment of nine months, (2) Any pecton who physteally injures his adversary shall be punished by maximum imprisonment of one year ond four months (3) Any person who physically seriously injures his adversary shall be cd by a miaximim imprisonment of fewr years. (4) Any person who kills his adversary shall be punished by a maximum imprisonment of seven years oF if it has been agreed to fight the duel to the death, (8) The attempt to fight a duel shall nat be punished. Article 185. To any person who Killy or ph ienlly infures his adversary Uh provisions on murder, homicids «: maltrentment shall apply: 1. If the conditions Aave not been previously arranged; 2. if the duel does not take place at the presence of martual second; 3. i€ the perpetrator, intentionally and to the detriment of the adversary, ccommite any act of deceit ar deviates from the conditions, a duelArticle 186. (1) The seconds and physicians who attend to a duel are not punishable. (2) The seconds shall be ponished: . 1. by a maximum imprisonment of three years, i the conditions of the duel have not been previously arranged or if they incite both parties to continue the duel; by a maximum imprisonment of four years if they intentionally and to the detriment of one or both parties, are guilty of any act of deceit cor allow any act af deceit, or allow deviations from the conditions of the duel, (3) The provisions on murder, homicide or maltreatment apply to the second in a duel in which one of the parties has been killed or has been phy cally Injured, if he intentionally and to the detriment of said party, has rendered oneself guilty of any act of deceit or has allowed any act of deceit oF has allowed to deviate from the conditions of the duel to the detriment of the deceased or injured person, CHAPTER VII mes whereby the general serurity.of persons or property is endangered. Article 287. Any person who with deliberate intent sets fire, causes an explosion or ‘causes a flood, shall be punished: Ast, by a maximum imprisonment of twelve years if thereby general danger to property is feared; 2nd-ly, by a maximum imprisonment of fifteen years if thereby danger of life for another is feared; Srd-ly, by life imprisonment or a maximum temporary Imprisonment of twenty years if thereby danger of life for another is feared and the act reaults -in the death of someone, Article 187 bis. (1) The person who produces, receives, tries to procure, has in store, conceals, transports or imports into Indonesia stuffs, objects or tools of which he knows or reasonably must suspect that they are intended or will occasionally be used cause an explosion whereby danger of life or ‘general danger to property is feare!. chait be punished by a maximus, fmnprisonment of cight years or: “imum light imprisonment °* one year. (2) The defectiveness of the stuffs, objects or tools referred to going paragraph, in causing an explosion above described, s front Hiability ta punishment, the fore: not exempt aArvicle 187 ter. ‘The conspiracy to one of the crimes described in articles 187 and 1 shall be punished by # maxintunn imprisonment of five years. Article 185. Any pecsoa through whose fault is caused fire, explosion or flood shalt be punished by a maximum imprisonment of five years or a maximum light imprisonment of one year or a maximum fine of three hundred Rupiahs, if thereby common danger for property or danger of life for another person arises or if the fact results in the death of a person. Article 189, Any perton who with deliberate intent at the monient or in pro: a fice unlawfully hides or makes useless tools or means of fire extinction, or in certain manner hinders or obstructs the extinction of fire, shall be punished by a maximum imprisonment of seven years. Article 190, Any person who with deliberate intent at the time or in prospect of an inundation unlawfully hides or makes useless dike materials oc tools defeats an attempt to repair dikes or other water works, or thwarts the means employed to prevent or stop the flood, shell be punished by a maximum imprisonment of seven years Article 192. ‘Any person who with deliberate intent destroys, niakes useless of damages a work serving as a weir or drainage shall, if therefrom danger of flood is feared, shall be punished by a maximum imprisonment of seven years Article 191 bis, Any person who with deliberate intent destroys, damages or makes useless fan electrical work, cause disturbance in the running or operation of such work, or frustrates or hampers a safety or repair measure taken in respect of such work, shall be punished: 1g, by a maximum imprisonment of nine months or 2 maximuat fine or three hundred Ruplahs, if thereby hindrance or obstruction arises in. the delivery of electric power for general use: Qndly, by a maximum imprisonment of seven years, if therefrom common danger for property is feared; by a maximum imprisonment of nine years, If thereby danger of life for another is feared; 425", Se a maximum imprisonment of fifteen years, if therefrom danger of Life for another is feared and the fact results in the death of # person. Bd Article 191 ter. Any person through whose fault an electrical work is destroyed, damaged for rendered uscless, the disturbance ie the cunning or operation of such work 49is caused, or a aufety or repair measure taken in respeet of such work is frustrated or obstructed, shall be punished: Ast, 2ndel prisonment of four mé two werkt or = maximum light imprisonment of three months or 2 maximum fine three hundred Rupiahs, if thereby hindrance or obstrection in the delivery of electric power for general use or common danger for pro- perty arises; by a maximum imprisonment of nine months or a maximum light impri sonnient of six months or a maximum fine of three handred Rupiahs, if thereby danger of life for another arises; by a maximam Srd-ly, by a‘maximum imprisonment of a year and four months or a maximum light imprisonment of one year, if the fact results in the death of a person. Article 192, Any person who with deliberate intent destrovs, renders uzeless or damages 8 work serving for public traffi trates a safety measure taken blocks a public land. or waterroad, or frus- respect of such work or of such road, shall be punished: Ist, 2ndely, by a maximum imprisonment of fifteen y Any person through whore fault a work servi by a maximum imprisonment of nine years, if therefrom danger for the safety of the traffic Is feared: 5, if therefrom danger for the safety of the traffic is fenred and the fact results in the death of any person. As le 198, for public traffic is destroyed, rendered useless or damaged, a public land- or waterroad is blocked, or a safety measure taken in respect of such work or of such road is frustrated, shall: be punished: pt by a maximum imprisonment of four months and two weeks or a ‘maximum light imprisonnient of three months or a masimum fine of throe hundred- Rupiahs, if thereby the traftie becomes unsafo: 2ndaly,’ by a maximum imprlzoument of a year and four mouths or a maximum 50 light imprisonment of one year, if the faet results in the death af any person, . Article 194, sho with deliberate inter! causex. danger for the public ~ otherpprechanical motive power jac'sngd by a maximum imprisonment Any waren tes ans of a steam p o sts oF tramway, shall I of tuteen years. If thé fact results fo the death of any person, the offender shall be unished by life imprisonment’ or a maximum imprisonment of twenty ents, 7Article 195, (1) Any person through whose faul: danger for the public by steam power or other mechan:sc! niotive power over a rai shall be punished with a muaxinum imprisonment of nine mionths or 3 maximum light imprisonment of six months or 2 maximum fine of three hundred Rupiahs; (2) If the fact results in the death of any person, the offender shall be punished by a maximum imprisonment of one yeat and four months or ‘2 maximum light imprisonment of one year. rattic is caused of tramway: Article 196, Any person who with deliberate Intent destroys, damages, removes oF moves away a signal placed for the safety of the navigation, frustrates its operation or places a wrong signal shall be punished: Ist, by a maximum imprisonment of twelve years, if therefrom danger for the safety of the navigation is feared; 2nd-ly, by a maximum imprisonment of fifteen years, if therefrom danger for the safety of the navigation is feared and the fact reults in tho sinking or stranding of a vessel; Brd.ly, by life Imprisonment or x maximum Imprisonment of twenty years, if therefrom danger for the safety of the navigation Is feared and the fact results in the death of any person. Article 197, Any persons through whose fault a signal placed for the safety of the navigation is destroyed, damaged, taken away or removed or ite operation is frustrated or a wrong signal is placed, shall be punished: Ist, by a nmximum imprisonment of four months and two weeks or 2 maxinium light imprisonment of three months or maximum fine of three hundred Rupiahs, if thereby the navigation becomes unsafe: 2nd-ly, by a maximum imprisonment of nine months or a maxinwni light Impri- sonment of six months or a maximum fine of three hundred Rupiahs, if the fact results in the sinking or stranding of a vessel: Srd-ly, by a maximum imprisonment of one year and four months or a ‘maxinunr light imprisonment of one year, if the fact results in the death of any person, Article 198, Any person who with deliberate intent and unlawfully causes a vessel to sink or stran’ ~ destroys, renders useless or damages a vessel, shall be punished: yt -ximum imprisonment of fifteen years, if therefrom danger of like tor another is feared; 2nd-ly, by life imprisonment or a maximum imprisonment of twenty years, if therefrom danger of life for another is feared and the fact results in the death of any person. aArticle 199, Is or ig destre'"s: Any person by whose negligence a ves rendered useless or damaged, shai” be punishe Ist, by @ maximum imprisonment of nine months or a maximum lighe imprisonment of six months or a niaximum fine of three hundred Rupiahs, if thereby danger of life for another arises; 2nd-ly, by a maximum imprisonment of one year and four maximum light imprisonment of one yerr, if the fact results in the death, of any person. Article 200. Any person who with deliberate intent destroys or damages a buildi fa structure shall be punished: 1st, by a maximum imprizonment of twelve years, if therefrom common danger ior property is feared; 2nd-ly, by a maximum imprisomment of fifteen years, if therefrom danger of life for another is feared; Brd-ly, by life Imprisonment or a maximum imprisonment of twenty years, if therefrom danger of life for another is feared and the fact results in the death of any person, Article 201, Any person through whose fault a building oc structure is destroyed or damaged shall be punished: Ist, by a maximum imprisonment of four months and two weeks or a maximum light imprisonment of three months or a maximum fine of three hundred Rupiahs, if thereby common danger for property arises: 2nd-ly, by a maximum imprisonment of nine months or a maximuat light Imprisonment of six-monthe or a maximum fine of three hundred Rapiahs, if thereby danger of life for another arises; Sed ly, by @ maximum impfisonment of one year and four months or 2 niasinwni light imprisoament of one year, if the fact ‘result. i the death of any person. Article 209, (} Any person who puts any substance in a well, pump, spring or in a drinking water establishment to be used for g2sral or common use for to hs used together with ethers, Knowing thot because of it the ‘water becomes harmful to life or health, shill be funtshed by a maximum Imprisonment of fifteen years. (2) If the fact rosults in the death of a porson, the offender shall be punished by life imprisonment or a maximum imprisonment of twenty years.Article 203. Joe person through whose fault any substance ig put in a well, pum og or in a drinking water establishment to be used for the genera! good or comnion use or to be used together with others, by which the water becomes harmful to life or to health, shall be punished by a maximum Imprigonment of nine months or 2 maximum light imprisonment of six months or a miaxinium fine of three hundred Rupiahs. (2) If the fact results in the death of 2 persoc, the offender shall be punished with 2 maximum light imprisonment of one year. wo A Article 204. (1) Any’ person who sells, offers for sale, delivers or distributes goods, knowing that they are harmful to life or to health and conceals said ‘harmfal nature, shall be punished by a maximum imprisonment of fif- teen years, (2) Ie the: fact results in the death of any person, the offender shall be punished by life Imprisonment or a maximum imprisonment of twenty: years. Article 205, (1) Any person through whose fault goods hurmful to fife or to health are ‘sold, delivered or distributed without knowledge of the buyer or the person who acqultes the goods of said harmful nature, shall be punished by a maximum impeisonnient of nine months or a niaximum light impri- sonment of six nionths or a maximum fine of three hundred Rupiahs. (2) If the fact results in the death of any person, the offender shall be punished by a maximum imprisonment of one year and four months or x maximum light iniprisonment of one year. (8) The goods may be confiscated, Article 206, (2) By conviction on account of a crime described in chis Chapter, the ‘offender may be deprived of the exercise of the profession in which he has committed the crime. (2) By conviction on account of one of the crimes described in articles 20 and 205, the judge may order the publication of his verdict. CHAPTER Vitt Crimes against public authoricy. Article 207 Any person who with deliberate intent in public, orally or in writing, ingults an authority or a public body sct up in Indonesia, shall be punished by a maximum imprisonnient of one year and six months or a maximum fine of three hundred Rupiahs. 4 3Article 208, (1) Any person who disseminates, openly ¢.:nonstrates or puts up a writ er portrait containing sult against an authority or public bedy set up in Indonesia with intent to give publicicy to the insulting content for to enhance the publicity thereof, shall be punished by a maximum imprisonment of four months or a maximum fine of thee i (2) if the offender commits the erinte in his profession and during the commission of the crime two years have not yet elapsed since an exsiier conviction of the person on account of a similar erlme has become final, he- may be deprived of said profession, Article 209. (2) By's maximum imprisonment of two years and eight months or a nasi ‘mum fine of three hundred Rupishs shall be punishes Ist, any person who gives a sift or makes a promise to an official intent to move him to commit or omit something in his service contrary to his duty; nt ys any person who gives a gift to an official following or in pu suance of what this official has committed or omitted in his service in contravention of his duty, (2) Deprivation of the rights mentioned in atticle 35 nos. 1-4 may be pronounced. Article 210, (2) By @ maxinum Imprisonment of seven years shall be punished: Ist, any person who gives a gift or makes a promise to a judge with intent to exercise influence on the decision on a case which hhas been submitted to his judgement; 2ndely, any person who gives a gift or makes promise to 2 person who by virtue of statutory provisions has been designated coun- sellor or advisor to attend tho sessions of a court, with intent to exercise influence upon the advice or opiuion to be brought out by him concerning « ease which has been submitted to the judgement of the court. Lf sald gift Is given or promise is made with inzeat to obtain a verdict in a criminal ease, the offender shall be puzished by a miaximuin impels sonment of nine years. (3) Deprivation -* +" ghts mentioned in acticle 35 first to fourthly may be pronou Article 2 Any person who by violence or threat of violence resists an official (wv perform au official cxercize oF to omit a lawful official exepeise hall be tof foe years. punished bys maxinium inupeize 5Article 21 Any person who by violence threst of violence resists an official acting in the lawful performance of his official duties, or persons who thereby aid him by virtue of statutory obligations or at his request, shall, being guilty of rebelliousness, be punished by a maximum imprisonment of one year and four months or a maximum fine of three hundred rupiahs, Article 238. Goereion and the rebelliousness described in articles 211 and 212 shall ‘be punished: Ist, by @ maximum imprisonment of five years, if the crime or the accont- panying assault and battery results in a physical injur 2nd-ly, by a maximum imprisonment of eight years and six months, if results in a serious physical injury: Srd-ly, by a maximum imprisonment of twelve years, if it results in death, : Article 214. . (1) Coercion and rebelliousness deserived ft articles 211 and 212, committed by two oF miore persons with united forces, shall be punished by a niaximiin inprisonment of seven years. (2) The offender shall be punished: Ist, by a moximum imprisonment of eight years and six months if the committed crime or the assault anil battery thereby: committed by him results in a physical injury; 2ndely, by a maximum imprisonment of twelve years, if it resulta, in a serious physical injury: Aedty, by a maximum imprisonment of fifteen years, if in death, results Article 218. With officials shall in respect of articles 211-21 be identified: 1st, the persons who by vistue of statutory provision are continuously or temporarily charged with a public offic 2ndely, the executives together with the sworn in functionaries and servants of railway services and of teas services for public tratfic, whereby the transportation takes place by steam power or orther mechanies! motive power. Article 216, (2) The perton who with deliberate intent docs not obey a command o: demand issued nnder statutory provision by an officin” vharged with the exercise of a supervision or by an official ct. % qualified for she tracing or examination of punis: the person who with detiberate intent stops, obstruct or frustrates an ct performed by one of said officials for the execution of u statutory provision, shall be punished by « maximum imprisonment of four wonths and two weeks of a maxinum fine of six hundred rupiahs. vie fasts, aul algoJ (2) With. the official referred to in the first part of the foregoing paragraph shall te identified any person who is, by virwe of statatory provision, conti:. -usly or temporarily charged with a public office (3) If during the commission of the crime two years have not yet elapsed since an earlier conviction of the person found guilty on account of a similar crime has. become final, the sentences may be enhanced with fone third. Article 217, ‘The person who creates a sensation at a trial or at the place where an official publicly is acting in the lawfel performance of bis official duties and does not move away after the order given by or on behalf of the competent authority, shall be punished by a maximum imprisonment of three weeks or a niaximun! fine of hundred and twenty rupiahs. Article 218. ‘The person who with deliberste intent on the occusion of a streeterowd docs not intediately miove away after the third order given by or on Uchalf of the competent authority shall, being guilty of participation in « riotous assembly, be punished by a maximum imprisonment of four months and two weeks or 2 maximum fine of six hundred rupiatis. Article 219. ‘The person who unlawfully tears off, makes illegible or dama; announcement put up in public on behalf of the competent authority or by virtue of a statutory provision, with intent to prevent or obstruct the cogni- zance thereof, shall be punished by a maximum imprisonment of one months jaximuar fine of three hundred rupiahs, Article 220, ‘Any person who gives notice or lodges a complaint that a punishable fact hhas beon committed, knowing that it has not been committed, shall be punished by # maximum imprisonment of one year and four months. Article 221, (0) By a maximum fnprisonment of nine months or a maxinum fine of three hundred cupiahs shall be punished: Ast, the person who deliberate intent hides somebody who Is guilty or is prosecuted on account of a crime, or who aids hin: in escaping from the investigation of of apprehension by tite 7 officers of the justice or police, pertous why by virtue. of statutory provision are © sar temporarily: assigned police duties; 2nd-ly, Any porson who after a crinie has been conimitted, w conceal it oF to prevent oF to obstruct ite investigation or pro- secution, destroys, removes, hides abjects upon wich or with th ntent to 56Laie which the crime has been committed or other traces of the crime, or withdraws them from the examination ithe: officers of the justice or police or by other ; ue of statutory provision are continuously or temporarily assigned police duties. (2) The said provisions shall not be applicable to any person who performs the acts mentioned therein in order to escape or avert danger of pro- secution of one of his blood relatives or persons allied by marriage in the straight line or in the second or third degree of the side-line of his spouse. Article 222, Any person who with deliberate intent prevents, obstructs or fcustrates 1 judicial post-mortem examination shall be punished by a niaximam imprison- nient of nine months or a maximum fine of three hundred rupiahs, Article 228. ‘Any person wha with deliberate Intent sets free a person who by public authority oF by virtue of a judicial verdict or deerce has been deprived of his tiberty or aids him in his eseape, shall be punished by a maximum impri- sonment of two years and eight months. Article Any person why, statutorily summoned as a witness, as an expert or as an interpreter, deliberately disobeys a statutory duty which he has to fulfil fas such, shall be punished: Ist, tn criminal eases by a maxinmn imprisonment of nine months: 2nd jn other cases by a miasimunt imprigonnient of six months. Article 225, Any person who with deliberate intent disobevs a lawful command to produce a document which is alleged to be false or forged or which must serve asa comparison with another document which Is alleged to be false or forged or of which the authenticity is denied or not recognized, shall be punished: st, in eriminal cages by a maxinum imprisonnient of mine month 2ndely, in other cases by a maximum imprisonment of six months, Article 226. Any person who, dcelared < be in u state of bankruptey or obvious insolvency, oF as the spot: inkrupt with sshont he ig married, in com ‘mndnity of ved, or as 3° oF commissioner of a partnership, company, sociation or foundsitin stared bankrupt, statutorily summoned to give informations, elzher with deliberate intent stays away without valid reasons, or-reusce to give the desired informations, or with deliberate intent gives wrong informations, shall be punished by a maximum imprisonment of one year and four monthsArticle 25 Any person who exercises a right, knowing that he is by judicial verdict deprived thereof, shall be punished by 4 maximum imprisonment of nine months ora maximum fine of six hundred rupiahs. Article 298, Any person who with deliberate intent wears distinguishing marks or perfosnis an act belonging to an office that he does not hold or from which hhe has been suspended, shall be punished by a maximum imprisonment of two yearsor a maximum fine of three hundred rupiahs, Article 239. Any person who with deliberate intent keeps a state which is related to a rank or title that does not belong to him, shall be punished by niaximum, imprisonment of four montht and two weeks or a miaxinum fine of three hundred rupiahs, Asticle 280. Repealed by Act 1946 No, 1. Article 201 (Q) Any person who with deliberate Intent withdraws an article from the telzure under ataatery provoln or ffor a judkelel sequestration, @F hides aa article, knowing that it has been withdrawn therefrom, shall be punished bya marin tpriconnint of four years (2) By ame sentence shall be punished any person who with deliberate intent destroys, damages or makes useless an article that Rot Been felted ander statotory provislon (3) The esretaker who with deliberate Intent commits or allows one of ihe acts or lds the priclpal as an accomplice, shall be punished By & suaxinum inprisonnent of five years (4) AE one ot the acts bas been committed ax a results of the negligence of the earectaker, this. person shall be punished by. « maxinons light imprisonment of one month or x maximum fine of hundred and twenty opiate. Article 252, ny person who with doliberate intent breuks, removes or damages is with which articles by or on behalf of the conipetent public autho- rity ace put under seal, or frustrates In any other way the closure effected by such seal, shall be punished by a maximum imprisonment of two years and eight months. vee (2) The care-taker who with geliberate intent commits - —.ows:thehact oF aids the principal as an accomplice, shall be punishes by.a. maximum imprisonment of four years. (5) If the act has been committed as a result of the care-taker's neslixence, this person shall te punished by a maxinum light imprisonment of one mianth or a maximum fine of hundred andl twenty upiahs. w 582ndvly, any person who at the request of another wich deliberate intent readers the other person unsuitable to fulfil said obligations, (2) If in the Lever case the act re of seven years shall be imposed. sults in deach, a re+ximum imprisonment Article 241. By © maximum imprisonment of three months or # maximum fine of three hundred rupiahs shall be pamished: Ist, tepealed pursuant to State Gazette 19: No. 28; 2ndty, any serson who in cases that a way-bill is required for the transpor~ tation of eattle, with deliberate intent uses for the transportation thereof a way-bill issued for another animal, as if it were issued for the animal that he earties CHAPTER IX Perjury and false testimony, Article 242, (1) Any perton who in the eases that 2 statutory provision demands a testimony ander oath or attaches legal consequences to it, orally or in writing, personally or by special proxy, with deliberate intent makes a false testimony under oath, shell be punished by a niaxinum imprison- ment of seven years. (2) If the false testimony under oath is made in a criotinal case detrimental to the accused or suspect, the offender shall be punished by a maxinum imprisonment of nine yeacs. (3) With the oath shall be identified the promise ov affirmation which by virtue of general regulations is required or is nade in liew of the oath. (4) Deprivation of the rights mentioned in article 95 first to fourthly may be pronounced. Article 243. Repealed pursuant to State Gazette 1951 Ne CHAPTER X Counterfeit of coins zaui eurreney- and bank notes. Article 244, Any person who counterfeits oF fulsifies coins of currency or bank wutes with intent to ulter oF cause to utter said coins or currency. oF hank wotes like genuine and uufalsified ones, shall be punished by « maximum imprison: ment of fifteen years ooArticle 233. yn who with deliberate intent utters a3.genuine and unfalsivied eping oF currency- or bank notes which he has counterfeited or falsified him- Sit, or of which the falseness or falsifieation was known to him shen he Mteetved them, or hat them in store or imports them into Indonesia with jatent to utter or to cause to utter them as genuine and unfalsified, shall be punished by a maximum imprisonment of fifteen years Article 246. Any person «who diminished the value of coins with intent to utter or to cause to utter them thus diminished in value, shall, being guilty of mutilation of coins, be punished by « maximum ‘imprisonment of twelve years, Article 247, ‘Any person who with deliberate inteut utters as unmutilated coins which he himself has mutilated or of which the mutilation was known to him when he received them, or hat said coins in store or imports them into lating coins or for counterfeiting or falsifying eurrency- or bank notes, shall be punished by a maximum imprisonment of twelve years. Article 248, Repealed pursuant to State Gazette 1938 No, 593. Article 299. Any person who with deliberate intent utters false, falsified or mutilated coins or false of falsified currency. or bank notes, shall, except for the pro visions in articles 245 and 247, be punished by a maximum imprisonment of four months and two weeks or a maximum fine of three hundred rupiahs. Article 250, Any person who produces ov has in store materials or instruments of which he knows that they are intended for counterfeiting, falsifying or muti- lating coins or for counterfeiting or falsifying curreney- or bank notes, shall be’ punished by x maxinum imprisonment of six years or a maximum fine of three hundred: tupiahs. Article 250 bis. By conviction on account of one of the crimes described in this chapter: the false, falsified or mutilated coins, the false or falsified eurrency- ¢- back notes, the; materials or instruments, by thar nature intended for counterfeiting falsifying or mutilating eoins or for counterfeiting or falsifying eurreney- or tank notes, as far as therewith the crime Aas beon committed or they have beni the abject of the crime, shall be confisented, likewise if they do not Delong to the convicted person. aArticle 251. Any person who with ¢ “berate intent and without a written perm che Government has in stor. . impotts into Indonesia silver whether or not provided with a stamp and suitable after being stamped, Festamped or after any other processing, or to be taken for coins and which ave obviously not intended to serve as ornaments or as commemorative medals, shall be punished by a maximum imptisonment of one year or a maximum fine of ten thousand rupiahs, ot Article 252 By conviction on account of one of the erimes described in articles 244-247 deprivation of the rights mentioned in article 35 first to fourthly may be pronounced, CHAPTER Xt Forgery of seals and marks. Article 253. By a maximunt imprisonment of seven years shall be punished: Ast, any person who forges or falsifies seals issued by the Indonesian government, or if for the validity of these seais is required a signature, forges or falsities this signature with intent to use or to cause others to use said seals a genuine and unfalsified or as vali 2ndely, any person who with similar intent produces such seals by illegally making use of gonuine stamps. Article 954, By 2 maximum imprisonment of six years shall be punished: Ast, any person who affixes false state marks or statutorily required 1s oF falsifies genuine ones on gold or silver works with {intent to use oF to cause others to use said works as if the thereon affixed marks or signs were genuine and unfalsified; ‘Qndely, the person who with similar intent affixes marks or signs on works referred to by illegally making use of genuine stamps: Srd-ly, any person who sets, adds or transfers genuine state marks or statu. torily required master-signs In, to or onto other gold or silver works than those to which they have been originally affixed, with intent te use or to cause others to use those works as if the marks or signs Article 255, ‘a maximum imprisonment of four years shall be punished: any person who affixes false Indonesian gauge-marks or talsifiis genuine ones on articles of which the gauge is obligatory or which are at the request of parties interested admitted to the gauge or regauge, with intent to use or to eause others to use said articles as if the marke affixed thereon were genuine and unfalsitied; 6intent affixes marks on articles referred andy, any person who with simi to by legally making use of genuine stamps; any person who sets, adds or transfers genuine Indonesian 34 in, to of onto other aricies than those to which they have been afficed, with intent to use or to cause others to use said articles as if the marks referred to had been originally affixed thereto, Sed Article 258 By a maximum imprisonment of three years shall be punished: the person who falsely affixes other marks than those referred to fn atticlet 254 and 255 which by virtue of a statutory provision must ‘or may be affixed to articles or their packing, or falsifies genuine ones with Intent fo use or to cause others to use sald articles as if the marks affixed thereto were genuine and vnfalsified; 2nd-ly, any person who with similar intent affixes marks on articles referred to o their packing by illegally making use of genuine stamps; Srd-ly, any person who uses genuine marks for articles or their packing for which those marks are not meant, with intent to use or to cause others to use said articles as if the marks referred to were meant therefor. Ist, Article 2: Any person who with deliberate intent uses, sells, offers for sale, delivers, has in store for sale or imports into Indonesia false, falsified or illegally. produced seals, signs or marks, or the articles to which they are illegally attached, as if those’ seals, signs or marks were genuine and unfalsified and not illegally produced or illegally attached to the articles, shall be punished by the same sentences as laid down in atticles 253-258, according to the distinctions made in those articles. Article 258, (1) The :person who falsifies measures, weights or weighing tools atter they have been provided with a gauge-mark, with intent to use or to cause others to use them as genuine and unfalsified, shall be punished by a maximum imprisonment of three years, (2). By the same sentence shall be punished any person who with deliberate intont makes use of falsified measures, weights or weighing tools as if they were genuine and unfalsified. Article 259, (1) Any person whe removes the reject-mark from a gauged article to which it has been affixed with intent to use or !> cause others to use the areisle as if it were not rejected, sho! sched by 9 maximus impri= ivtutent of one year and four me": "By the same punishment shall be punisned the tierson who with deliberate + intent uses, sells, offers for sale, delivers or has in store for sale an article from which the reject-mark hax heen removed as if it were ant rejected.(1) By a maximum imprisonment of four hundred rupiahs shall be panished: Is, any person who removes irom stamps issued on behalf of Indonesian Government, which have already been used, the mark, destined for making them unsuitable of ferther use, with intent to use or to cause others to use said stamps as if they hag not been used; Qndely, any person who with similar intent removes from stamps issued .on behalf of the Indonesian Government which have already been ‘used, the signature, the hallmark or the ladication of the moment of use which has been affixed on or over those stanrps ander u statutory provision, (2) By the same punishment shall be punished the person who deliberately uses, sells, offers for sale, delivers, has in store for sale or imports into Indonesia stamps from which has been removed said mark, signature, hallmark oF indication as if they had not beew used. Article 260 bis. The provisions of articles 253, 256, 257 and 260 shall according to the distinctions made therein also be applicable, if the acts described in anid articles are committed in respect of stamps or marks in use ‘ith the postal services of Indonesia or in a foreign state. If, however, one of said crimes is committed in réspect of stamps or marks in use with the postal services of a foreign state, the maximum of the basic punishment of the crime shall be mitigated by one third. Article 261, (1) Any person who has in store materials or instruments of which he knows that they are intended to commit a erime described in article 253 or in atticle 260 bis In connection with article 258, shalf be punished by 2 maximum imprisonment of nine months or 2 maximum fine of three hhundved rupiahs, (2) ‘The materials and truments shall be forfeited. Article 26 By eonvietion on account of one of the crimes described in article 253-260 bis, deprivation of the rights mentioned in article 35 first to fourthly may be pronounced. CHAPTER XII Forze 9! veitings! Auticle 263. (1) Any person who forges or falsifies a writing from which 2 title, 2 contract or a release from debt may arise, or which is Intended to serve as evidence of a fact, with intent to use or to cause others to use it as 6wv ) o a @ if from said uso may result an inju mum imprie genuine and unfalsified, shal being guilty of forgery of writing, be punished by a maxi soament of six years. By the same punishment shall by punished the person who with deliberate Intent makes use of the false of falsified writing as if it were genuine and unfalsified, if from said use may result an Article 264 Any person guilty of forgery of writing shall be punished by a maximum imprisonment of eight years, if it is committed: Ist, ia authentic, deeds; 2ndely, in debentures or certifiontes of debts of a state or part thereof or of a public instivation; Srdcly, In shares or debentures or share certificates or debt certificates of an association, foundation, partnership or company; ‘dch-ly, in counterfoils, dividend- or interest evidences belouging to one of the documents described under both or the foregoing numbers, or in evidence issued in substitution for these documents; Sth-ly, in eredit or commercial papers intended for cireulati ‘By the same punishment shall be punished any person who with deliberate intent makes use of a false or falsified writing mentioned in the first paragraph as if it were genuine and unfalsified, if from said use an injory may result, Article 2 Repealed pursuant to State Gazette 1926 No, 359 Article 266, ‘Any person who causes to insert a false statemont in an authentid daed concerning a fact, the truth of which the deed must give proof, with intent to use or to cause others to use said deed as if his statement ‘were in acesrdance with the truth, shall, if from said use an injury may result, be punished by a maximum imprisonment of seven years. By the same punishment shall be punished any person who with deliberate intent makes use of the deed as if the contents were in accordance with the truth, if from said use an injury may result, Article 267, ‘The physician who with deliberate intent issues a false written certifi. cate as to whether or not illness, weakness, or infirmity exists or bas existed, sha': be punished by a maximum imprisonment of four years. TE tho on is made with intent to eause a person to be admitte* to or v itiheld from a lunatic asylum, 2 maximum imprisonment i eigh. years and six months shall be imposed. By the same punishment shall be panished any person who with deliberate intent makes use of the false certificate as if the contents were in accordance with the truth, spotso a @ aw @ a) @ 66 cle 268. Any person who forges or falsifies a written medical certificate concerning whether or not illness, -/eakness or infirmity exists or has existed with intent t0 deceive the public authority or insurance company, shall be panighed by a maximum imprizonnient of four years. By the same punishment shall be punished say person who with similay intent makes use of the false or falsified certificate as if it were genuing and unfalsified, Article 268, Any! person who forges or falsifies a certificate of good behaviour, capability, poverty, infirmity or other circumstances, with intent to use or to cause others to use it for the acquisition of an employment of for arousing benevolence and assistance, shall be punished by a maximum imprisonment of one year and four months. By the same sentence shall be punished any person who with deliberate intent makes use of felee or falsified certificate mentioned in the first paragraph. : Article 270, Any person who forges of falsifies a travel permit or a writing that substitutes a travel permit, a safety card, a travel order or a writing issued according to the statutory provisions on the admission and residence of foreigners in Indonesia, or who causes to issue such a document on a false name or Chritian name, or with indication of a false eapacity, with intent to use or to cause others to use it as if it were genuine and unfalsified or as if the contents were in accordance with the truth, shall be punished by a maximum imprisonment of two years and oi months. By the same punishment shall be punished any pers Intent makes use of a false or falsified document mentioned flest paragraph as if it were genuine ayd unfalsified or as if the contents were in accordance with the truth, Article 271. ‘Any person who forges or falsifies a way-bill for buffaloes and cows, or who causes to issue such a document on a false name of Christian name, or with indication of a false eapacity, with intent to use oF to cause others to use it as If it were genuine and unfalsified or as if the contents were in accordance with the truth, shall be punished by a maxi- mum imprisonment of two years and eignt months, ‘By the same punishment shall be punish.” any person who deitherately makes use of a false or falsified Cocuszat. mentioned in the first para- raph as if it were zenuine and un ‘slsified or as if the content were in accordance with the truth. Articles 272 and 279. Repealed pursuant to State Gazette 1926 No.Article 274. yy person who forges of falsifies a written cestificate by an oficial who exersises legal authority concerning the ownership of or conek: win another title to a property with intent to facilitate the alienation of pledging thereof or to deceive officials of the justice or police with respect to its origin, shall be punished by 2 maximum Imprisonnient of two years. (2) By the same punishment shall be punished any person who with similar intent makes use of the false or falsiffed declaration as if it were genuine and unfalsified. Article $73. (1) Any person who has in store materials or instruments of which ke knows ‘that they are intended for the commission of a crime described in article 264 secontiy to fifthly, shall be punished by a maximum imprisonment of nine months or a maximum fine of three hundred rupiahs. (2) The materials and instruments shall be forfeited. Article 276. By conviction on account of one of the crimes described in articles 263-268 deprivation of the rights mentioned in article 25 first to fourthly may be pronounced. CHAPTER XIII Crimes azzinst the civil status of persons. Article 277. (1) Any person who by an act with deliberate intent obscures ehe descent fof anather person, shall, being guilty of obscuration of state, be punished by 2 maximum imprisonment of six years. (2) Deprivation of the rights mentioned in article 35 first to fourthly niay be pronounced, Article 2 Any person wha acknowledges a child whom he knows that he is not its father, as his child according ta the provisions of the Civil Code, shall, being guilty of false acknowledgment, be punished by a maximo inipri sonment of three years, Article 279. (1) By a maximum imprisonment of five years shall be punishes Ast, any person who enters into macriags knowing that his existing marriage or marriages present 2 legal barrier against 2ndely, any person who enters Into marriage, knowing that the existing marriage or marriages of the counterpart present a legal barrier areainst tt,(2) If the person who is gui bed under Ist, has conceateg to the counterpart that sg OF marriages present logal barrier againse it, he shall be punished by a maximum imprizonmene seven years. (8) Deprivation of the be pronounced. y of the fact de: bis existing mars hts mentioned in article 35 first, to fifthly may Article 280, Any person who enters into marriage, with deliderate intent concealing to the counterpart that a legal barrier exists against it, shall, f on the ground € said bairier the nullity of said marriage has been pronousced, be punished by a maxiinam imprisonment of five years CHAPTER XIV Crimes againts decency. Article 281. By a maximum imyticonment of two years and éig fine of three thousand rupiahs shall be punishéd: any person who with deliberate intent publicly offends aj y, the person who with deliberate intent offends against decercy whereby another person is present in spite of himself. “at months of 4 maxiinum inst decency; Article 282. (1) Any person who either disseminates, openly demonstrates or puts up ing of which he knows the content at a portrait or object known to him to be offensive against decency, o produces, intgorts, conveys in transit, exports or has in store, or openly or by dissemination of a writing, unrequestedly offers or indleater that sald writing, portrait or object Is procurable, in order that it be disseminated, opealy demon- strated or put wp, shall be punished by a maxinum imprisonment of fone year and four months or a waximum fine of three thousand rupiahs. (2) Any person who disseminates, openly demonstrates or puts up a writing, 1 portrait or an object offensive to decency, or produces imports, conveys in transit, exports or has in store, or openly or by dissemination of a writing unrequestedly offers or indicates that said writing, portralt or object is procurable, in order that it be disseminated, openly demonstrated or pub"- ~" if he bas serious reasons for suspecting that the writing, 0" 2 is offensive to decency, shall be punished by a niaximur: im cof nine months or # maximum fine of three thousand ropiaks. (3) If the offender makes Jn occupation or a habit of the commission of the crime described in the first paragraph, a maximum imprisonment of two years and elght months or a maximum fine of five thousand copiahs ray be imposed.o @ @ 258 not has o Article 283, By a maximum imprisonment of nine mouths or 4 maximum fine of Jwandred rupiahs shall be punished any person stho offers, hands over permanently or temporarily, hands to of shows to a minor of whom hhe knows or reasonably must suspect that it has not yet reached the age of seventeen years, cither a writing, 2 portrait or an article offensive against decency, or n means to provent of @ means ta cuch the pregnancy, if the contents of the writing, or If the portrait, the article of the mea are kaown to him. By the same punishment shall be puaiched the person who in the presence of a miner as referred to in the foregoing paragraph, reads out 1 contents of a writing offensive against decency, if this is known to hin. By a maximum tupriesmment of four months or # maximum Hight fnmpef= ronment of three months or a maximum fine of six hundred rupiahs shall bbe punished any person who offers, hunds over permanently or temporarily, hands to or shows to a minor as referred to in the first paragraph either a writing, a portrait or an article offensive against decency, at a meant to prevent or a means to curb the pregnancy, or reads ont the contents of a writing offensive against decency in the presence of a niisor as referred to in the first paragraph, if he has serious reasons to suspect that the writing, the portrait or the article is offensive against decency: for that the means is a means to prevent or to curb pregnan Artlele 283 bis, If the offender commits one of the crimes described in articles 252 and in his profession and during the commission of the crime two years have yet elapsed since am eotller conviction an account of one of the crimes become final, he niny be deprived of the exercise of ssid profession. Article 284, By a maximum imprisonment of sine nionths ahall Ve punahe La any married man who knowing that article 27 of the Civil Code I applicable to him, contmits adultery; b, any married woman who commits adultery; ‘a. any man who takes 2 dircet part in the act kuovi guilty co-partner is. married; any snmarcled wonian who takes @ direet part in the act kavwing that the guilty co-partner is maeried and that article 2% of the Civil Code is applicable 10 him. No peosceution shall be institued unless by complain: of the insulted spouse, followed. if to the spouse article 27 of Yo: Cisi; Code & apnlie cable, withi: the time of three months by a cs..aind for diveree ot severance from board and bed on the ground of the same act, and 15 shall wat be appli thet the In respect of this complaint articles ‘The complaint may be withdraven ag long as the judicial invest has not commenced,(5) Ef article 27 of the Civil Code is applicable to the spouse, the eompla sha" ot be complied with as long as the marriage bas not been severeq i by ree or the verdict whereby sev id bed has bee pronounced, has not become final Any person who by us sexual Intercourse with him out of punished by a maximum imprisonment of twelve years. Article 286. Any person who out of marriage has carnal knowledge of a woman of whom he knows that she is unconcfous or helploss, shall be punished by a niaximam imprisonment of nine years, Article 287. (1) Any person who out of marriage has carnal knowledge of a woman whom he knows or reasonably should presume that she has not yet reached the age of fifteen years or, if it is not obvious from her age, that she is not yet marciageable, shall be punished by a maximum Imprisonment of nine years. (2) A prosecution shall be instituted only by complaint, unless the woman hhas not yet reached the age of twelve years or one of the easee of nrticles 291 and 204 is present, Article 268. . (0) Any person who in marriage has carnal knowledge of a woman of whom the knows or reasonable should presume that she is not yot marriageabl shall, if the act results in bodily haem, be punished by @ maximum impr sonment of four years. (2) IE the act results in serfous physical inju of eight years shall be imposed, © (2) If the act results in death, a mexinunt imprisonment of twelve years shall be imposed. a maximum imprisonment Asticle 239. Any person who by using force or threat of force forces someone * cowmit of tolerate obscene acts, shall, being gullty of factual assault of the chastity, be punished by a maximum imprisonment of nine years, Article 290, By a maximum imprisonment of seven years Hist, any perton’ who commits obscene acts wii someone who ke knows that he ig unconefous or helpless; 2ad-ly, any person who commits obscene acts with someone who he knows ov reasonably should presume that he has not yet reached the aye of fitteen years ot, be punishes| ) srd-ly, any person who seduces someone whom he knows or reasonably should pregume that he has not yet reached the age of fifteen years ov, if Rt is rst obvious from the age, is not yet marrlagéable, to. commit or tolerate obscene acts or to have carnal knowledge, out of marriage, of a third party. Article 291, (1) If one of the crimes described in articles 286, 25%, 259 and 290 resulcs in & serious physical injury, a maximum imprisontient of twelve Years shall be fonposed. (2) If one of the crimes described in artictes 235, 286, 287, 289 and 290 results in death, © maxintum imprisonment of fifceen years shall be imposed, Article 2 Any adult who commiits any obscene act with # minor of the same sex whose minority he knows or reasonably should presume, shall be punished by 2 maximum imprisonment of five years. Article 298. (1) Any person who by gifts or promises of money or goods, abuse of dominance resulting from factual relationship or deceit, intentionally moves e minor of irveprouchable conduct, whose minority he knows or reasonably should presume, to commit any obscene act with him oF to tolerate such act, shall be punished by 2 maximum imprisonment of five years, (2) A prosecution shall be instituted oly upon complaint of the person against hom the crime has been committed. (8) The term referred to in article 74 shall for this complaint respectively amount to nine and twelve y Article 294. (2) Any person who commits any obscene act with his under age child, step-child or foster-child, his pupil, a miiner entrusted to his care, edu cation of vigilance or his under age servant or subordinate, shall be punished by a maximum imprisonment of seven years (2) By the same punishment shail 62 punished: ‘ Ist, the ffieial w= -. its any obscene uct with a person who is officially + hin or has been entrusted or recommended to his viv 2ndely, the executive, physiciaa, teucher, official, overseer or aitendant at a prison, labour institution of the country, educational ins tution, orphanage, hospital, lunatic asylum or charity institution, who commits any obscene act with a perso avimitted thereto. uArticle 295. (1) Any person shall be punish: Ast, by a maximam imprisonment ef five years, if he with deliberay, intent causes or facilitates by his under age child, step-child or foster-child, his pupil, siinor entrusted to his care, education or vigilance oF his undye age servant of subordinate, with a third party; 2nd-ly, by a mazimum irmprisonatent af four years, if he except the cases enumerated under tst, wich deliberate intent causes facilitates the commission of any obscene act by 2 riinor, whose iinority he knows or must reasonably suspect, with a third party. (2) Lf the offender makes an occupation or a habit of the commission of the crime, the punishments may be enhanced with ane third, Article 296. Any person who makes an occupation or 2 habit of intentionally causing of facilitating any obscene act by others with third parties, shall be punished by a maximum imprisonntent of one year and four months of & waximum fine of one thousand rupishs, Article 297. ‘Trade in women and minors of the male sex shall be punished by a maxi. mum imprisonment of six years, Article 298. (1) By conviction by reason of one of the evimes described in arcicles 281, 284-299 and 292-297, deprivation of the rights mentioned in article 35 first to fifthly may be pronounced. (2) If the offender of one of the eximes described in articles 292-287 come mits the crime in his profession, he may be deprived of the exercise of sald profession. Article 299, (1) Any pesson who wish deliberate intent gives treatment fo a woman oF causes her to undergo a treatment, giving her to understand or raising the expectation that thereby pregnancy miay be curbed, shall be punished bby a maaninvam fmupeisonment of four years or a maxisum fine of three thousand rapiahs, (2) If the offender has acted in pursuit of gaia, an occupation or a hybit ff the commiission of the crime, or is a physician, midwite or pharmacist, the punishment rey be enhanced with one third, (8) Ifthe person foend guilty conmaits the rime i hi : 0 be releaséz from the exercise of said profession. E fon, he may an Articte 300, GU. By a maximum imprisonment of one year of a maxi hundred rupiahs shall be punished: um Fine of tree ion of any obscene 2 2 3 iany person who with deliberate incent sells or administers intoxi- ‘eatin “rinks to a petson who is in an obvious state of drunken- 2ndely, any person who with deliberate invent makes drunk a child und the age of sixteen years; any person who by force or threat thereof with deliberate intent forces someone to use intoxicating drunks. (2) If the fact results in a grievous bodily harm, the offender shall be punished by a maximum imprisonment of seven years. (3)+ If the fact results in death, he shall be punished by a maximom imprised- ment of nine years. (4) It the offender commits the erime in his profession, he may be deprived fof the exercise of said profession, Article $01, ‘The person who surrenders or leaves a child under the ago of rwelve rs who is under his legal authority to another person, knowing that it will be used for begging or carrying out begging, for performing dangerous feats or dangerous labour or labour detrimental to the health, shall be punished by a maxinum imprisonment of four years. 1st 3rd Article 902. (2) By a maximum imprisonment of three months or a maximum fine of three hundred rupiahs shall, being guilty of light mal-treatment to animals, be punished: Ast, any pestan who without reasonable objective or by oversteppin: what is permissible in reaching such vbjentive, with deliberate intent causes pain or harm to an animal or causes injury to the health of an animal; any person who without reasonable objective or by overstepping what Is permissible in reaching such objective, with deliberate intent withholds the necessary sustenance from an animal that wholly or pattially belongs to him and is under his supervision, or from an animal to the sustenance of which he iz obliged, (2) If the fact results In an illness of longer than one week, mutilation, serious harm of another nature, or death of the animal shall by veason of mual-treatment to animals be punished imprisonmient of nine months or a maximum fine of three hundred (3) ‘The animal may, if it belongs to the offender. be forfeited. Attempt to this erime shall not be punished. 204 Article 303, (2) By @ maximum intpcisonmient of tio years and ight of che gain enjoyed i tweaty five ruplahs, be punished Sy a maxim, Article 383. By a maximum imprisonment of four years shall be punished: ‘any person whe with intent to unlawfully benefit himself or another, sells, exchanges or encumbers with mortgage an Indonesian right of use to land, or a building, work, planting or sowing on land on which Indonesian rights of use are exercised, knowing that another bas or shares the title thereto; ent sells, exchanges of encunibers with mortgage an Indonesian right of use to land or building, work planting or sowing on land, on which Indonesian rights of use are exercised, which has already been burdened with a mortgage, without informing the counterpart of the existence of said mortgage: sr Intent encumbers an Indonesian right of use to land with a mortgaze, concealing to the counterpart the land on which sald right is’ exercised has been pledged; ~ 4ehly, any person who with similar intent pledges or leases a piece of land fon which an Indonesian vight of ase is exercised, knowing that another has or shares the title thereto; ilar intent sells or exchanges an alresdy pledged piece of land on which au Indonesian right of use ts exercised without informing the counterpart or said pledge; Gth-ly, any person who with similar fntent leases a piees of land on which fan Indonesian right of use is exercised for period for which be knows that It has already been rented out to another. Article 386, ‘Any person who sells, offers, for sale or delivers food or beverages or medicine, Knosting that they’ have been falsified and concealing said Aalsitiaetion, shall be puntshed by 2 maximum imprizonment of four years. Food or be erages or modicine are falsified if by mixing with strange Ingredients thelr value or usefulness has been decevased. Article 387. By a maximums {imprisonment of seven years shall be punished any’ master Yuilder or any architect of . yvork or any seller of beildine or.terials, who in performing 1's ser se the delivery of the rin’.~lsls commit 8 fraudulent act, as: ects of whlch the security of pers. oF property, for the seeutity of the state in time of war may be endangered. With the same sentence shall be punishable any person who, charged with the supervision of the work or of the delivery of the materials, with Golihorate intent allows the fraudulent act, socompany, any Indonesian company on shares or any cooperative socie Article 38 (1) Any person who + the delivery of materials for use by the navy or the army commits 2 -csudulest act, as 2 result of which the security of the state in time of war may be exdangered, shall be 7: maximusi imprisonment of seven years. (2) By the same sentence shall be punished any person who, & the supervision of the delivery of the goods, with deliberate intent allows the fraudulent act, Article 389, Any person ‘who, with intent to unlawfully benefic himself or axuther, destroys, moves, removes or makes useless what serves ro mark out th bounderies of premises, shall be punished by 2 maximum imprisonment of two years and eight months. Article 390. Any person who, with intent to unlawfully benefit himself or auother, causes to rise or to drop the price of merchandise, funds or securities by disseminating false news, shall be punished By a maximuye imprisonment of two years and eight months. Article 991. Any pervon who, charging himself with the duty of or cooperates inplacing debentares of a state or part thereof, oF of a public institution, or of shares im or debentures of an association, foundation or company, trios to move the public to apply for it or to participate in ic by coneealiag or mutilating with deliberate intent true, or holding out false facts or circumstances, shall be punished by @ maxinwm imprisonment of four years. Article 392, Any merchant, any executive or any commissioner of @ limited liability who deliberate intent publishes an unteuc statement of accounts or balance: sheet, shall be punished by a maximum imprisonment of one year and four mionths, os fArticle 393. (0) Any porson who imports iMo-Indonesin without obvious intention to re-export, sells offers for sale, delivers, distributes or hay io store for sale or distribution, commodities of which he knows or reasonably should suspect that they thenistlves or their packages are falsely provided with the mame, the firm or the mack to which another kas a ri 4 the name of a fixed place as an indication as to orisia with the addition of an favented name-of firnt, or that on the commotlities themselves oF on their package such name, firm or mark has becn imitated, even with a slight deviation, shall be punished by 2 maximum imprisonment of four months and two wecks or a maximum fine of si hundred rupiahs 90(2) If during the commission of the crime five years kave aot sec elapsed lace an earlier conviction of the offerder on account of similar crime has become final, + maximum Imprisonment of cist months may Be imposed. Article 299 Bis. Asy person who deliberately inserts or causes to insert in a document containing @ claim for a divorce or for a separation from bed and board or a request for a bankruptey adjudication, or also in a document related th data concerning the dwelling or place of abode of the person against whont the claim has been addressed or of the debtor, of which he knows of reasonably should suspect that they are contrary to the truth, shall, if if use Is made of the doctment in the lawauit concerned, be punished by a maximum imprison- rent of one year, Atticle 394. ‘The provision of article 367 shall be applicable to the crimes deseribed fn this chapter, except for the crime described in article $93 bis, if it has beeen committed by the claiming spouse with respect fo a claim for divorce or for a separation fom bed and board. Article $95. (1) By conviction on account of one of the crimes des the judge may order tho publication of his verdict and the offend may berdeprived of the exercise of the profession in which the crime hhas been committed. (2) By conviction on account of one of the crimes described in articles 78, 382, $85, 987, 999 and $98 bis, deprivation of the rights mentioned in article 35 first to fourthly niay be pronounced. CHAPTER XXVI Injury to creditors or rightfel claimants. Article 996, Aay merchant who has been adjudge bankrupt or has been admitted to 18 judicial cession of estate shall, being cuilty of simple bankruptey, be punished 8 8 mugimum Imprisonment of one year and four mo: Ist it his expenses have been ex!--vagant; if he, with intent to ¢-/ ... banksuptey, keowing that it could 4h, thereliy uot be avoided, ir been borroving under ouerous conditions: Srd-ly, if he docs wot produeas in an udaniaged state the books and documents in which he has kept his records pursuant to article 6 of the Code of Commerce, and the writings which he has Kept pursuant to sete article ou