Attempt to commit a crime is an execution to commit a crime which has already begun and remains unfinished, or an intention to commit a particular crime which has been manifested in the commencement of the execution.
Persecution is regulated in Article 351 – Article 358 of the Criminal Code (“KUHP”). The Criminal Code does not explain what is meant by persecution. Article 351 of the Criminal Code only states about the penalties given for these crimes: Article 351 of the Criminal Code:
- Maltreatment is punishable by a maximum imprisonment of two years and eight months or a maximum fine of three hundred rupiahs.
- If the act results in serious injury, the guilty party is punishable by a maximum imprisonment of five years.
- If the result is death, he will be punished by a maximum imprisonment of seven years.
- Persecution is likened to deliberately destroying health.
- Attempt to commit this crime is not punishable.
Regarding this article, R. Soesilo in his book the Criminal Code (KUHP) and its Comments Complete Article by Article (p. 245) said that the law does not provide any provisions what is meant by “persecution”. According to jurisprudence, what is meant by “persecution” is deliberately causing bad feelings (suffering), pain, or injury. According to paragraph 4 of this article, the meaning of persecution is “intentionally damaging people’s health”.
ased on van Hamel’s subjective theory, the basis of experimental punishment lies in the mental attitude or dangerous character of the maker. Meanwhile, based on the objective theory of Zevenbergen and Simons, it is appropriate to convict an experiment lies in the dangerous nature of the actions carried out by the maker.
The experimental elements based on Article 53 paragraph (1) of the Criminal Code are:
- There is an intention,
- There is an act of initiating implementation, and
- Execution is not completed not of one’s own will
Unreasonable experiments often occur because the tools used and the object aimed at are unnatural (absolute or relative) so that the criminal act is impossible to materialize. The punishment for probation as stipulated in article 53 paragraph (2) and paragraph (3) of the Criminal Code is the maximum basic sentence for a crime reduced by one third and if it is punishable by death or life imprisonment, then the probation is subject to a maximum penalty of fifteen (15). years in prison.
