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Penal Code of Indonesia, Articles 53-62 and 86-87 (1999)

PENAL CODE OF INDONESIA.

 BOOK 1.

General Provisions.

(…)

CHAPTER IV
Attempt.

Article 53.

(1)    Attempt to commit a crime is punishable if the intention of the offender has revealed itself by a commencement of the performance and the per­formance is not completed only because of circumstances independent of his will.

(2)      The maximum of the basic punishments imposed on the crime in case of attempt shall be mitigated by one third.

(3)      If capital punishment or life imprisonment is imposed upon a crime, a maximum imprisonment of fifteen years shall be imposed.

(4)      The additional punishments for attempts are the same as for the com­pleted crime. –

Article 54.

Attempt to commit a misdemeanour shall not be punishable.

CHAPTER V

Participation in punishable acts.

Article 55.

(1) As principals of a punishable act shall be punished:

1st,    those who perpetrate, cause others to perpetrate, or take a direct part in the execution of the act;

2nd-ly, those who intentionally provoke the execution of the act by gifts, promises, abuse of power or of respect, force, threat or deception or by providing an opportunity, means or information.

(2) In respect to the provoker only those acts which have been deliberately provoked and their consequences shall be considered.

Article 56.

As accomplices to a crime shall be punished:

1st, the persons who deliberately aid in the commission of the crime;

2nd-ly, the persons who deliberately provide opportunity, means or informa­tion for the commission of the crime.

Article 57.

(1)    The maximum of the basic punishments imposed upon the crime in complicity shall be mitigated by one third.

(2)    If it concerns a crime on which the capital punishment or a crime on which life imprisonment is imposed, a maximum imprisonment of fifteen years shall be imposed.

(3)    The additional punishment for complicity shall be the same as for the crime itself.

(4)    In determining the punishment only those acts shall be considered which the accomplice has deliberately facilitated or furthered, together with their consequences.

Article 58.

The personal circumstances on account of which the imposition of the punishment is excluded, mitigated or enhanced, in applying the penal provi­sions shall be computed only in respect of the said principal or accomplice personally.

Article 59.

In cases where by reason of misdemeanour punishment is imposed upon directors, members of a board of management or commissioners, no punishment shall he pronounced against the director or commissioner who evidently does not take any part in the commission of the misdemeanour.

Article 60.

Complicity to commit a misdemeanour shall not be punished.

Article 61.

(I) In crimes (…) by means of the press the publisher in such shall

not (…) if the printed matter mentions his name and domicile

and the perpetrator is known or has been made known by the publisher
at the first warning after the bill.

(2) This provision shall not be applicable if at the time of publication no criminal proceedings against the perpetrator could be instituted or the perpetrator was domiciled outside Indonesia.

Article 62.

(1)    In crimes committed by means of the press, the printer as such shall not be prosecuted, if the printed matter mentions his name and domicile and the person by whose order the matter has been printed is known or has been made known by the printer at the first warning after the bill.

(2)    This provision shall not be applicable if at the time of printing no criminal proceedings could be instituted. against the person by whose order the matter was printed or the person by whose order the matter has been printed was domiciled outside Indonesia.

(…)

CHAPTER IX.

Sense of some expressions used in the Code.

Article 86.

Wherever crime is used in a general or a specific sense complicity and attempt to said crime shall be included. as far as the contrary does not  follow from some provision.

Article 87.

“Attempt to commit an act” exist as soon as the intent of the perpetrator has revealed itself by a commencement of the performances in the sense of article 53.

link to complete text: Indonesia-Penal Code-1999-eng

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