COMPARISON KUHP English
COMPARISON KUHP English
COMPARISON KUHP English
KUHP RKUHP
In the Indonesian Criminal Code the active In the RKUHP, the active national principle is
national principle is in article 5 paragraphs 1 regulated in article 8 paragraph 1-5 where the
and 2, where if an Indonesian citizen acts difference is in the details of the penalty if an
unlawfully outside the territory of Indonesia, Indonesian citizen acts unlawfully in the
where the information concerning these territory of another country that is only
unlawful acts includes articles threatened with a fine in category 1 or category
160,161,240,279,450, and 451 Criminal Code 3, then it is not valid, nor is it permissible the
including where the act was committed imposition of the death penalty in the Criminal
requires criminal threats Code is separated by being regulated in article
6 of the Criminal Code if the place of action is
not subject to capital punishment
In the KUHP the passive national principle is In the RKUHP the passive national principle is
contained in article 4 paragraph 1- 4 which contained in article 5 where the difference is
gives an explanation that it is binding on all that in article RKUHP it has been stated about
people who commit crimes as stated in articles the safety or security of electronic
104,106,107,108 and 131 of the Criminal Code communication systems, where considering the
concerning currency crimes, counterfeiting of broader development of science and
securities and brands issued by the State of technology making the scope of criminal law
Indonesia and the crimes referred to in article also become more widespread, then the next
438,444,446,447 and 449 of the Criminal Code difference is in the protection of Indonesian
citizens based on an international agreement
with the country where the Criminal Act took
place, this is not included in article 4 of the
Criminal Code.
In the Criminal Code the territorial principle is In the RKUHP, the territorial principle is
contained in Phase 2 where every person, both contained in article 4 AC where there are
an Indonesian citizen and a foreign citizen who differences in clarity which are included in the
commits an unlawful act carried out in the territorial principle, it has been stated that
territory of Indonesia, the Indonesian criminal Crimes in the field of information technology
provisions apply or other criminal acts are consequently
experienced or occurred in the territory of the
Republic of Indonesia or on board and on
board Indonesian-flagged air
The universal principle of the Criminal Code is In the universal principle RKUHP is contained
contained in article 4 which is said to protect in article 6 Criminal Provisions in the Law of
international interests (universal interests) the Republic of Indonesia apply to Everyone
because of the formulation of article 4 to 2 of who is outside the territory of the Unitary
the Criminal Code (concerning crimes of Republic of Indonesia which commits Crimes
counterfeiting currencies or banknotes) and under international law which has been
article 4 to 4 of the Criminal Code (regarding established as a Criminal Act in the Republic
piracy of ships and hijacking of aircraft air) of Indonesia Law. the difference here is that
does not mention which country currency or the explanations contained in the Criminal
banknotes are falsified or which countries' Code are implicitly expressed regarding
ships and planes are hijacked. Counterfeiting universal principles whereas in the RKUHP it
of currency or banknotes referred to in article 4 has clearly stated about universal principles.
to 2 of the Criminal Code concerns the
currency or banknotes of the State of
Indonesia, but may also involve foreign
currency currencies or banknotes. Piracy of
ships or aircraft referred to in article 4 to 4 of
the Criminal Code may involve Indonesian
ships or Indonesian aircraft, and may also
involve foreign ships or aircraft.