Principles of Indonesian Criminal Law

Acknowledgements
Contents
Glossary
1. A Brief Overview of Indonesian Criminal Law
	I. Definition
	II. Substantive Criminal Law and Law on Criminal Procedure
	III. Functions of Criminal Law
	IV. Types of Criminal Law: General and Special Criminal Law, National and Local Criminal Law
	V. Criminal Law as Ultimum Remedium
2. The History of Criminal Law in Indonesia
	I. Prior to Western Colonisation
	II. During the Colonial Period (Dutch, English, and Japanese)
	III. The Years of 1945–1958
	IV. 1958 to Present
	V. The New Criminal Code (Law No 1 of 2023)
3. Sources of Criminal Law in Indonesia
	I. Definition
	II. Criminal Code
	III. Special Criminal Law
	IV. Administrative Law with Criminal Provisions
4. Scope of Application of Criminal Law
	I. The Legality Principle
	II. Legality in Article 1 of the Criminal Code, 1945 Constitution, Human Rights Law, and New Criminal Code Bill
	III. Articles 2 to 9 of the Criminal Code
	IV. Scope of Application of Criminal Law in the New Criminal Code
5. Criminal Offences
	I. Definition
	II. Types of Criminal Offence
	III. Elements of a Criminal Offence
	IV. Causality
	V. Criminal Offences in the New Criminal Code
6. Culpability and Criminal Liability
	I. Definition
	II. Categories of Culpability
	III. Criminal Liability
	IV. Criminal Liability and Competency
	V. Culpability and Criminal Liability in the New Criminal Code
7. Justificatory Defences
	I. Definition
	II. Noodtoestand/Necessity (Article 48 of the Criminal Code)
	III. Self-Defence (Article 49 (1) of the Criminal Code)
	IV. Acting on the Basis of a Statutory Provision (Article 50 of the Criminal Code)
	V. Acting on the Basis of an Official Order (Article 51 (1) of the Criminal Code)
	VI. Justificatory Defence in the New Criminal Code
8. Excusatory Defences
	I. Insanity (Incompetency)
	II. Duress
	III. Excessive Self-Defence
	IV. Acting on an Unauthorised Official Order, but in Good Faith
	V. Excusatory Defences in the New Criminal Code
9. Attempts
	I. Definition
	II. Attempt Requirements in Article 53 of the Criminal Code
	III. Types of Attempts
	IV. Attempts in the New Criminal Code
10. Participation
	I. Definition
	II. Participation in Articles 55 and 56 of the Criminal Code
	III. Plegen and Dader (Direct Perpetration)
	IV. Doen Plegen
	V. Medeplegen (Co-perpetratorship)
	VI. Uitlokking (Abetting)
	VII. Assisting in Committing a Criminal Act
	VIII. 'Participation' in the New Criminal Code
11. Sentencing
	I. Definition
	II. The Philosophy of Punishment
	III. Types of Punishment
	IV. Purpose and Types of Punishment in the New Criminal Code
	V. Increases and Reductions of Sentences
	VI. Concurrence of Criminal Offences in the Criminal Code
	VII. Concurrence of Criminal Offences in the New Criminal Code
Bibliography
Index