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Criminal Law
Department of Criminal Law
Faculty of Law, University of Indonesia
January 2011
1.Serious crime/ felony vs minor
crime/ misdemeanor
2. Material vs Formal crimes
3. Crime by Commission vs Crime by
Omission
4. Crime with Intention vs Crime with
negligence
5. Regular vs Litigated crime
6. Independent vs Continued Offense
7. Completed vs Sustained offence
8. Single vs serial Consecutive
offence
9. Simple vs Complicated offence
10. Political vs Common offence
11. Propria vs Common offence
2. Material Crimes
only formulating the result of an
offence (the conduct is not
formulated)
e.g.  Art icles 338, 368, 187, etc
3. Crime by Commission : violates a
prohibition by an active deed/
conduct
4. Crime with Intention/Dolus : the
offence is committed intentionally .
e.g. Articles 338, 310, and 368
Pro Parte Dolus Pro Parte Culpa =
A crime which is formulated in such manner that it covers both elements of intention and
negligence.
e.g. Articles 287, 480
To be used exclusively at the Faculty of Law,
University of Indonesia
HPI 10102
3 SKS
1. Delik Kejahatan vs Delik pelanggaran
2. Delik Materiil vs Delik Formil
3. Delik Komisi vs Delik Omisi
4. Delik Dolus vs Delik Culpa
5. Delik Biasa vs Delik Aduan
6. Delik yg Berdiri sendiri vs Delik Berlanjut
7. Delik Selesai vs Delik yg diteruskan
8. Delik Tunggal vs Delik Berangkai
9. Delik Sederhana vs Delik Berkualifikasi;
Delik Berprivilege
10. Delik Politik vs Delik Komun (umum)
11. Delik Propria vs Delik Komun (umum)
2. Formal Crime:
Only formulating the conduct (and not
itsresult) , e.g.  Art icle 362, 263, etc
3. Crime by Ommission : commiting
an offence in a passive manner
a) Pure ommission : violates an
obligation by not doing anything,
e.g. Articles 164, 224 KUHP
b) Quasi: violates a prohibition by
not doing anything, e.g. Art 194
KUHP
4. Culpa or Negligence offence : tyhe
offence is committed by negligence ,
e.g. Art 205, art 359
SESSION 4 :
CLASSIFICATION OF
OFFENSES
1.Serious crime/misdrijf
MvT : even before the statute is enacted, MvT: only deemed as an offence, after it
the conduct has already considered as a is proscribed by a Statute (wet delicten)
crime (recht-delicten)
Hazewinkel-Suringa : there is no
qualitative differences, only
quantitative differences.
Stipulated in Book II KUHP
The Differences
a) Attempt to commit an offense is
punishable
b) Aiding an offense is punishable
c) Statute of Limitation is longer
d) Could constitute an litigated
offence
e) Rules on Joinder of Offenses is
harsher
5. Regular Crime:
The complaint from a person (usually
the victim) is not a requirement for
prosecution. e.g. Art 340, 285
The process may start with a report
(not a complaint) from anyone who
witness or has knowledge on the
commission of a crime
1. Misdemeanor/overtredingen
Stipulated in Book III KUHP
a) Attempt to commit misdemeanor
is not punishable
b) Aiding a misdemeanor is not
punishable
c) Statute of Limitation is shorter
d) No litigated misdemeanor
e) Rules on Joinder of Offenses is
more lenient
5. Litigated Crime :
The complaint from certain person is a
requirement for prosecution. e.g. Art
310, 284, 367 (2)
The criteria if an eligible complainant
is defined in the specific article in the
statute
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Litigated Offense
There are two clasifications of this type of crime: Independent offense Continued offence

• 1. Absolute litigated offense (Delik Aduan Absolut) • Consist of only one single • Consists of two or more
• The offence which certainly requires a complaint for prosecution offense offenses, which due to very
• e.g. Art 284, 351 connected each others; the
convicted offender only receive
• There is no need to use rules one criminal penalty.
• 2. Relative litigated offense (Delik Aduan Relatif): on Joinder of Offenses
• Normaly, the offence clasified as regular crime (no need of a (gabungan delik); instead,
complaint) we simply find out what is • The punishment should refer to
• However due to a specific relation between the offender and the the punishment for every rules on Joinder of offenses
victim (aggrieved party), the offense turned into a litigated provision (gabungan delik) as provided in
offense. article 64 KUHP
• e.g. Art 367 (2)

Continued Offense
• There is still a debate wheter or not Continued offence Completed offense Sustained offense
(voortgezette delict) is similar with continuing deed (voortgezette
handeling)
• According to some scholars (including Utrecht) voortgezette delict • One or more conducts of • One or more conducts of
is similar with voortgezette handeling; accordingly its punishment crime which are crime which remains
should refer to article 64 KUHP. The conditions are: continued to be conducted
completed in one short
1. All deeds/ conducts resulted from one single will period of time by the offender
2. All conducts are of the same nature
3. There is short duration between one offense to another • E.g. : Article 362, 338 • E.g. : Article 221, 261, 333

Single offense (delik Consecutive offense (delik

tunggal) berangkai)
• There is only one
• There are more than one
offense committed offense committed by the
offender (s) within a specific
• example: Art 362, 338 time, one connected to the
other
• example: Art 296, 481
Simple offense/main
offense
• The formulation of the
offense consists only of its
main elements
• Example: Art 362, 351 (1)
Complicated/Qualified offense
• Based on a simple/main
offense, but with additional
element/ elements
• As such there is more severe
criminal penalty,
• E.g. : art 351 (2), 363, 365(4)
• On the other hand, due to
certain qualification, the
punishment could become
lighter (privilege), example:
308, 364.

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Common Offence
Propria Offense
Political Offence Common Offence
• The offence which can • The offence which can
• The offence which does only be committed by a committed by any one
• The offence which
not contain political particular subject or (not specific person)
contains political element
element person (such as civil
(such as revolt or coup d’
servant) • See the element : “Any
etat againts the state)
• such as murder a common • Art. 308, 346, 449 one/ whoever”
• E.g. art 107, makar or
crime to assasinate the person (art 338 or 340), • example: theft (art 362),
head of state (art 104) theft (art 362) murder (art 338/ 340)