Principles of Indonesian Criminal Law

Topo Santoso is Professor of criminal law at the Faculty of Law, University of Indonesia, Indonesia.

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