The word “delik” comes from Latin, namely delictum. In German it is called delict, in French it is called delit, and in Dutch it is called delict. In the Big Indonesian Dictionary, “Actions that are subject to punishment because they are a violation of the law; criminal act.

The definition of offense according to the KBBI is an act that can be punished, because it is a violation of the criminal act law, while according to this term it is also called a criminal act, a criminal event or a criminal act of strafbaar feit which is the Dutch language of offense.

Prof. Moeljatno uses the term “criminal act” for the word “offense”. According to him, the word “action” is narrower in scope than “action”. The word “action” does not refer to an abstract thing such as an action, but only expresses a concrete state.

Elements of Delik:

• An act or series of actions
• Contrary to statutory regulations
• There must be a certain action or series of actions
• These actions are prohibited in the statutory regulations
• Sanctions can be imposed for those who violate them

Subjective Elements

• Deliberate (dolus) or coincidence (culpa)
• The purpose or voornemen in an experiment or poging as referred to in article 53 paragraph (1) of the Criminal Code,
• Various types of purposes or brands, such as those contained in crimes of theft, fraud, extortion, forgery, and others
• Planning in advance or voorbedachte raad, as contained in the crime of premeditated murder in article 340 of the Criminal Code
• Feelings of fear or vrees, as found in the formulation of a criminal act according to Article 308 of the Criminal Code.

Objectic Elements

• Unlawful nature or wederrechtelijkbeid.
• The quality of the perpetrator, for example his condition as a civil
• The quality of the perpetrator, for example his condition as a civil servant in a crime of office or his condition as a manager or commissioner of a limited liability company in a crime according to Article 398 of the Criminal Code.

delik In the science of criminal law, formal and material offenses are known. What is meant by formal offense is the formulation which focuses on the act which is prohibited and which is punishable by law, here the formulation of the act is clear. For example Article 362 concerning theft. Meanwhile, material offenses are those whose formulation focuses on the consequences which are prohibited and which are punishable by law. In other words, it is only called the formulation of the results of action. For example Article 338 concerning murder.