Types of Offenses in Criminal Law

ADCO Law

An offence is a term or thing that is still not fully understood by the public. In the theory of Criminal Law, the offence is another term for a criminal act, namely an act that is prohibited to be carried out by a person or group and if it is carried out it will get sanctions or penalties which can be suspected of having violated the applicable laws and regulations in Indonesia. There are many types of offences that apply in Indonesia, then what are those types that apply in Criminal Law? This article will discuss further.

A. Definition of Offense

The term offence is basically a term that comes from a Dutch translation, namely Delict or Strafbaar feit. In the Indonesian Dictionary, the definition of an offence is an act that can be subject to the law because it is a violation of Criminal Law.

According to C.S.T. Kansil in Pengantar Ilmu Hukum dan Tata Hukum Indonesia (1989), an offence is an act that violates the law, and therefore it is against the law that is carried out intentionally by a person who can be held accountable. And according to Hans Kelsen, an offence is a condition in which sanctions are given based on existing laws.

The offence in the Indonesian translation has been used in several other terms, including:

1. a) Criminal events;
2. b) Criminal acts;
3. c) Criminal offences and;
4. d) Punishable Acts,

Referring to the above understanding, then an act will be an offence if the act has the following elements:

1. Against the law.
2. Harming Society
3. Prohibited by criminal law.
4. The perpetrator is punishable by a crime.

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B. Types of Offense

According to Andi Hamzah in Asas-asas Hukum Pidana (1987), offences can be distinguished into various types as follows:

1. Crime and Violation Offenses (misdrijven enoventredingen)
   These offences are an act that violates legal interests endanger concretely. Crime offences can be found in book II and Violation offenses in book III of the Criminal Code (Kitab Undang-Undang Hukum Pidana, “KUHP”) 
2. Material Offenses and Formal Offenses (materialele end formele delicten)
   Material offence is the term in which apart from the prohibited act, there must still be consequences arising from that action, then it is said that the crime has occurred completely (voltooid). Article 187 of the KUHP on arson and 338 of the KUHP on murder. While a formal offence is an act that is prohibited (along with other things/conditions) without questioning the consequences of that action. for example, Articles 160, 209, 242, 263, and 362 of the KUHP. 
3. Commission Offenses and Omission Offenses (commissiedelicten end omissiedelicten)
   A commission offence (delicta commissionis) is an violation committed by action, while the offence of omission (ommissiedelicten) is carried out by allowing or ignoring (nalaten). The commission offence is divided into two parts:
   • Pure Omission Offense
     This offence is to allow something that is ordered as Article 164, 224, 522, 511 of the KUHP
   • Improper Omission Offense (delicto commissionis per omissionem)
     This offence occurs if the law does not want a result (which result can be caused by an omission) such as Article 338 of the KUHP where murder by way of not feeding.
4. Completed Offense and Continuing Offense (af lopende en voordorende delicten)
   A completed offence is a violation that occurs by doing one or several certain actions. The continuing offence is a violation that occurs due to continuing prohibited conditions.
5. Single Offense and Multiple Offenses (enkelvoudige en samengesteede delicten)
   Multiple offences mean violations committed by more than one activity for the offence to occur. Van Hamel called this a collective offence. The most important example is offences committed as a habit, such as an article 296 of the KUHP.
6. Deliberate Offense and Negligence or Culpa Offense (doleuse en culpose dellicten)
   Deliberate offences and negligence violations are important in terms of trial, participation, imprisonment, and confiscation.
7. Propria and Commune Offenses (delicta propria en commune delicten)
   Propia offences are defined as violations that can only be committed by people who have certain qualities, such as office offences, military offences, etc.
8. Complaints and General Offenses
   Complaint offences are violations that can be prosecuted by demanding a complaint from the injured person. The sense is that if there is no complaint then the offence cannot be prosecuted, while a general offence is a violation that can be prosecuted without the need for a complaint.

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