ARTICLY WOULD WRITE – Perqara

Have you ever heard that someone was charged with the police just because it was considered to do “bad deeds”? This term is very popular with law enforcement officials because it is considered a rubber article that opens opportunities for the process of completing cases.

Until the end by decision number 1 / PUU-XI / 2013, stressed by Constitututal Court (MK) that the phrase “bad deeds” is no longer powerful as a criminal offense alone.

So, what does bad deeds really mean? How was the old criminal code or the new criminal code, and what was related after the Constitution’s court decision? This article will speak perfectly about the articles of bad deeds, starting with understanding, legal basis, changes in the case that can be a person to become a victim.

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Is that bad work?

Understanding bad actions primarily refers to an action that is not to jeopardize life, so a bad feeling of the victim, so the victim feels lacking and entitled to report it to the police. However, this understanding often does not understand different groups of people and law enforcement officials.

It appears from frequent use of articles of bad deeds in different criminal cases, because formulation is translated wide and low intent. In fact, in criminal law, this article is from the Dutch term “Bad treatment” that actually means “treating people unhappy.” Unfortunately, practice always understood only as “bad deeds,” so there is a matching the wrong sense.

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Article of bad works of criminal code

In the criminal code (“KUHP”), an article that deals with bad actions listed in Article 335 paragraphs read:

“Threatened to have a prisoner of a year or highest fine rp.4,500,000 against law forcing others to do, not to do something, Bad treatmentor by the use of threat of violence, a range of actions or Bad treatmentto the person itself and others “

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Changes and related articles to new criminal code (2023/2024)

With issue of Law Number 1 in 2023 about criminal code (“new criminal code starting January 2, 2026, with a variety of criminal code. One of these related evil acts.

Like new criminal code, no phrase about “bad deeds” in the chapter of evil against the freedom of others. So in this case the new criminal code is more directed by a criminal transcription and restricts legal uncertainty and the potential misuse of articles.

Or otherwise, the new criminal code is no longer recognizing the term “bad deeds” as one of the elements of a crime. Similar articles with articles in Article 335 of the criminal code are activated by Article 448 in the new criminal code or the threat of violence in the sound of the article such as:

“Worn with a prisoner of 1 (one) year or a better fine category II, every person who is unlawful forced others to do, not to do, or allow the violence or threat to the person”

Article based 79 in new criminal code, Category II Lord criminal activities are set to RP10,000,000. So it is shown a significant climb of criminal fines from criminal code, which was previously rp4,500,000.

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Examples of cases of bad acts in Indonesia

An instance of a bad case in Indonesia is the Waingapu District Court’s decision with a number Alias ​​Diki started in the article of 335 paragraphs.

Where in this case, the actions carried out by the perpetrators not only passed the victim’s House while screaming and making fun of, but also chasing him with a knife, and showed an attitude that caused fear of the victim’s side of the crime.

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Limits between criticism, jokes and bad actions

Overall, related limits between criticism, jokes and bad deeds depending on the presence or absence of an element that is prohibited in an act of a work. Where else has been doing again to criticize and well, it’s different from someone who gives a joke for entertainment alone.

The criticism expressed proportional, with no slander, insulting, or speaking of hatred, cannot be regarded as a poor work according to the criminal decision. Also, jokes are not accompanied by violence, threats, and insults, are still protected as part of the freedom of expression.

Thus, the border between criticism, mockery, and bad actions can be seen from the presence or absence of elements that cause real loss to others, physically and psychologically.

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Other alternative articles related to bad deeds

Although the term “bad acts” is no longer available as a criminal village, there are many other articles that can be used as an option to prompt actions attached to that category. Alternative articles include:

1. Insulting or slander: Article 310 and Article 311 in the Criminal Code and Article 27 Paragraph 19 In 2016 about transactions (“Itardic transactions
2. Status: Article 335 in the Criminal Code (with the element of the threat) and Article 368 in the Criminal Code (Pull)
3. Persecution: Article 351 in Criminal Code (Physical Persecution) and Article 352 (Light Persecution)
4. Privacy violations and Personal Data: Article 65 and Article 67 of Law Number 27 of 2022 about Personal Data Protection (“Law PDP”)

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Can’t convict bad work?

Before the decision of the Constitutional Court Number 1 / Puu-XI / 2013, a bad deed can certainly be convicted when all the elements of Article335 paragraph meet.

But after issuing court decision of the court’s constitution to remove the phrase “Something other works and bad treatment” In Article 335 paragraphs (1) in the 1st criminal code because it is considered legal uncertainty and injustice that causes imperfection to violence or the threat of violence is no longer convicted.

This happens because article 335 paragraphs (1) of criminal code can only be used if there is an element of pressure or itself to himself and other.

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Legal movements when you become victims of bad deeds

If you are a victim of bad deeds that meets the element of violence or the threat of violence as targeted by Article 335 paragraphs, you can report police and then report. Where the report can be in writing, orally and electronic media in the integrated police service center (“SPKT”)

About when the ACT does not meet the element of violence or the threat of violence, but there are elements of insult, slander, threatening or other, you can report relevant articles that have occurred.

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(This article is edited by Perqara Editorial Team)

Legal basis

1. Criminal Code
2. Criminal Procedure Code
3. Law Number 1 of 2023 About Criminal Code
4. Constitutional Court Decision: 1 / Puuxi / 2013 regarding eliminating bad phrases
5. Body of Law 19 in 2016 regarding information and electronic transactions
6. Law Number 27 of 2022 About Protection of Personal Data

reference

1. Rivally Billy Heskia Rampenan, Olga A. Martin and Martin Do Stock, “bad deeds in the Terms of Article 335 Paragraph (1) Number 1 in Criminal Code”, E-Juhhorl Antress, (2022).
2. Peter Jeremiah Setiawan, Xavier Namgeha, Vincentius Sananno, and Marchethy Riwani Diaz, “Constitutional is not pleasing to police chief at the National Police Chief Number S / 6 / X / 2015”, Of course the law enforcement journal, Vol. 8, Num. 1, (2021).
3. Indriana Dwi Mu Journal of Indonesian law developmentVol. 1, No. 2, (2019).