PENAL CODE OF INDONESIA.
Extent of operation of the statutory penal provisions.
(1) No act shall be punished unless by virtue of a prior statutory penal provision.
(2) In case of alteration in the legislation after the date of commission of the act, the most favourable provisions for the accused shall apply.
The Indonesian statutory penal provisions are applicable to any person who is guilty of a punishable act within Indonesia.
The Indonesian statutory penal provisions are applicable to any person who is guilty of a punishable act outside Indonesia on board an Indonesian vessel or aircraft.
The Indonesian statutory penal provisions are applicable to any person who outside Indonesia is guilty of:
1st, one of the crimes described in articles 104, 106, 107, 108, 110, 111 bis, 4 under 1st, 127 and 131;
2nd-ly, any crime -with respect to coin or paper money issued by the State or by the Bank, or with respect to stamps issued and marks used by the Indonesian Government;
3rd-ly, Forgery of debentures of debt certificates changeable to Indonesia, to a region or part of a region, including counterfoils, evidence of dividends and interests belonging to the said documents, and certificates issued in lieu of said documents, or the use of such false or forged documents as if they were genuine and unfalsified;
4th-ly, one of the crimes described in articles 438, 444 – 446, as far as they concern piracy, and those crimes described in article 447 relating to the surrender of a vessel to pirates, and article 479 j relating to the unlawful exercise of control of aircraft, article 479 l, m, n and o relating to crimes which jeopardize the safety of civil aviation.
(1) The Indonesian statutory penal provisions are applicable to an Indonesian National who outside Indonesia commits:
1st, one of the crimes described in Chapters I and II of the second Book, and in articles 160, 161, 240, 270, 450 and 451;
2nd-ly, an act deemed by the Indonesian statutory penal provisions to be a crime and on which punishment is imposed by the law of the country where it has been committed.
(2) The prosecution of the crime referred to under secondly may also be instituted if the accused becomes a subject after the commission of the act.
The applicability of article 5, first paragraph, 2nd-ly, is limited such that the capital punishment -cannot be imposed upon an act which the capital punishment is not provided for by the law of the country where the act has been committed.
The Indonesian statutory penal provisions are applicable to the Indonesian official who outside Indonesia is guilty of one of the crimes described in Chapter XXVIII of Book II.
The Indonesian statutory penal provisions are applicable to the shipper and those on board an Indonesian vessel who outside Indonesia, also when not un board, is guilty of one of the punishable acts, described in Chapter XXIX of Book II and Chapter IX of Book III, including the general regulations on sea-letters and certificates of registry in Indonesia and in the “Schepen Ordonnantie 1927” (Ships Ordinance 1927).
The applicability of articles 2 – 5, 7 and 8 are restricted by the exceptions recognized in international law.
link to the complete text of the Penal Code: Indonesia-Penal Code-1999-eng
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