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THE APPLICATION OF THE TERRITORIAL PRINCIPLE TO THE

ENFORCEMENT OF CRIMINAL OFFENSES BY
FOREIGN NATIONALS IN INDONESIA

One of the principles that apply in criminal law is the territorial principle. Basically, this
territorial principle is a basic principle of international law that applies based on its place,
and of course it is closely related to the international world and the meaning of the
sovereignty of a country itself. The territorial principle stipulates that a state's jurisdiction
applies to persons, acts, and objects in its territory, which causes all of these things in a
state's territory to be subject to the power and laws of the state concerned. In other words, a
state's criminal law or legislation applies to every legal subject who commits a criminal
offense in the territory of the state concerned.
As a sovereign state and recognized by the world, the Indonesian state must certainly
apply the principles of international law which can basically maintain the security of
citizens, support the stability of the state and also its existence in the international world.
Similar to major countries in the world, this territorial principle is also applied in Indonesia.
In its application in Indonesia, the territorial p r i n c i p l e means that Indonesian criminal
law applies to everyone, both Indonesian citizens and foreigners who commit criminal
offenses within the territory of Indonesia, both land and sea areas. This territorial scope is
expanded by equating water vehicles and aircraft using the flag of a country as part of that
country's territory. In the Criminal Code, the territorial principle is regulated in Article 2 of
the Criminal Code (hereinafter referred to as the Criminal C o d e ), while the expansion of
this principle is regulated in Article 3 of the Criminal Code.
▪ Article 2 of the Criminal Code reads:
"The criminal provisions of Indonesian legislation shall apply to any person who
commits a criminal offense in Indonesia."
▪ Article3 of the Criminal Code, as amended by Law Number 4 of 1976, is as follows:
"Criminal provisions in Indonesian legislation shall apply to any person who outside
the territory of Indonesia commits a criminal offense in an Indonesian water vehicle or
aircraft."
As additional information, the formulation of Article 2 of the Criminal Code mentions
the word "in Indonesia", but does not provide more specific details. As for this matter, it is
regulated
in Article 1 of Law No. 43/2008 on State Territory. The article reads: "The territory of the
Unitary State of the Republic of Indonesia, hereinafter referred to as the State Territory, is
one of the elements of the state which is a unity of land area, inland waters, archipelagic
waters and territorial sea along with the seabed and land beneath it, as well as the airspace
above it, including all sources of wealth contained therein". Based on the contents of the
article, it can be concluded that the territory of Indonesia includes land, sea and airspace
above it. This means that any violation of Indonesian criminal law, whether it occurs on
land, sea or air, can be prosecuted by Indonesian law enforcement. Based on the formulation
of these articles, it is clear that the application of this territorial principle has been
recognized and clearly regulated in existing laws and regulations in Indonesia.
Following the application of the territorial principle in Indonesia, there are currently so
many cases of criminal acts committed by foreign nationals, especially for those who are
staying or just visiting and vacationing in Indonesia. Some cases of foreign criminal
offenses that attract enough attention are cases that occur in the Bali area. Starting from
traffic violations, disturbing public order, spreading drugs, and many more, the majority of
which are indeed committed by foreigners. As one of the most favorite tourist destinations
for both local and foreign tourists in Indonesia, the presence of foreigners with various
purposes and actions is very common in Bali. This then raises so many questions in the
community, regarding the right rules or actions to overcome the problems committed by
foreigners in Indonesia.
One of the criminal cases committed by foreigners and quite disturbing to the
community recently was the case of a Mexican citizen who was the perpetrator of a shooting
at a Turkish citizen that occurred on Tuesday, January 23, 2024 at a villa in the Badung area,
Bali, at around 01.18 Wita. Sicairos Valdes Roberto is one of four Mexican foreigners
named as suspects by Badung Police, Bali Police in the shooting of Turkish citizen Turan
Mahmet. The other three names of the alleged perpetrators who have been secured by
Badung Police are Aramburo Contreras Jose Alfonso (32), Mayorquin Eacobedo Juan
Antonio (24), and Deraz Gonzalez Victor Eduardo (36). The perpetrators and victims did
not know each other. Based on immigration records, the victim Turan Mehmet entered Bali
on December 7, 2023 with an arrival visa as a tourist. Meanwhile, the perpetrator entered
Bali on December 12, 2023 also using a visa at the border for tourism purposes. The four
perpetrators targeted Turan Mehmet and his three friends who were being
sitting in the villa area. The victim Turan Mehmet was shot and injured, while the other
three people fled. As a result of the shooting, the victim suffered two gunshot wounds to the
front abdomen that penetrated the right side and one gunshot wound to the left arm that
penetrated the back left chest. Three of the four perpetrators were arrested at around 08.00
WITA on Saturday (January 27) in Jimbaran, South Kuta, Badung, Bali. The perpetrators
were secured by the Badung Police Satreskrim together with a team from the Police
Criminal Investigation Unit, Bali Police Satreskrim, Mengwi Police, and the Brimob Unit
close to Bali Mobile.
Information about the shooting of a Turkish foreigner by a Mexican expatriate was
announced by the Badung Police, Bali this morning. This case is categorized as a landmark
case involving foreigners. And Bareskrim Polri directly supported the disclosure of the
incident. The results of the investigation by the joint police team showed that the shooting
was planned by the perpetrator. The method of operation was planned by brutally killing and
robbing the villa residents of their valuables. As a result of the investigation, the motive for
the crime was the seizure of valuable evidence from the victim, while other motives are still
being investigated. After the shooting, the perpetrators took Rp 30 million and USD 4,000
from the villa.

For their actions, the perpetrators were charged with multiple articles, namely (1)
Article 340 Jo. 53 of the Criminal Code on the crime of attempted murder with a plan that
carries a sentence of 15 years in prison. (Reduced by one third), (2) Article 338 Jo. 53 of
the Criminal Code on the crime of attempted murder which carries a sentence of 10 years
in prison. (Reduced by one third), (2) Article 365 paragraph (1) and (2) of the Criminal
Code on the crime of theft with violence/threat of violence which carries a sentence of 12
years in prison, and (4) Article 368 of the Criminal Code on the crime of unlawfully
forcing another person by using violence/threat of violence to give something is punishable
with 9 months in prison.

Regarding the case, the Criminal Code states, "Anyone who violates the law in
Indonesia will be dealt with in accordance with the provisions of the laws and regulations
in force in Indonesia". Therefore, the author concludes that the handling of this case is one
form of the application of the territorial principle, where Indonesian criminal law applies to
everyone, even foreigners who commit criminal acts within the territory of Indonesia, both
land and sea areas and have disturbed order and security in the territory of Indonesia.
Although the criminal acts committed occurred between foreigners from Mexico and
Turkey, the perpetrators can still be punished based on the laws and policies that apply in
Indonesia.
 Indonesian state, because the perpetrators have committed criminal acts in the territory of
Indonesia and certainly disrupt the order that exists in it.

\
 REFERENCES
Jayanti, Dian Dwi. (February 6, 2023). Can foreigners be convicted under Indonesian law?
Hukumonline.com. https://www.hukumonline.com/klinik/a/bisakah-wna-dipidana-
with-indonesian-law-lt52849fabe5a87, accessed on February 10, 2024 at 10.47
WITA.
I Gusti Ngurah Rai Airport Police. (January 30, 2024). Press Conference on the Shooting
of Foreigners at The Palm House Villa Tumbakbayuh Joint Team of Police
Criminal Investigation & Regional Police Bali Secure 4
FOREIGNERS
As Suspects. Public Relations.plri.go.id.
https://humas.polri.go.id/2024/01/30/konferensi-pers-kasus-penembakan-wna-di-
villa-the-palm-house-tumbakbayuh-tim-joint-bareskrim-polri-polda-bali- amankan-4-
wna-as-suspect-2/, accessed on February 4, 2024 at 00:00.
15.16 PM.
Sari, Annisa Medina. (2023 September 7). Principles of International Law.
Fahum.umsu.ac.id. https://fahum.umsu.ac.id/asas-hukum-
international/#:~:text=Principle%20of%20Territoriality&text=This%20principle%20
stipulates%20that%20a%20government%20is%20subject%20to%20national%20law
, accessed on February 10, 2024 at 10.13 WITA.

Book:
Kitab Undang-Undang - Hukum Pidana (KUHP)
▪ TEAM ORGANIZER:

1. Name: Maya Krisnaning

Trawoco NPM: 202210121312

2. Name: Ni Luh Putu Ria Adelia

Putri NPM: 202210121007
3. Name: Ni Putu Mia Sila Dewi
Pratiwi NPM: 202210121526