Today’s Legal Enlightenment (Wednesday, 12 October 2022) – Criminal Acts of Vandalism – Article 406 Indonesian Criminal Code (KUHP)
The defendants damaged the witness’s house because the house was built on their land without their permission so that their actions in defending their property rights cannot be justified, because in this case the accused should have submitted their case to the competent state apparatus and not damaging the house themselves. Therefore, their actions are criminal act according to Article 406 of the Indonesian Criminal Code.
Supreme Court Decision No. 24K/KR/1958, 15 March 1958
Source: Supreme Court Decision No. 1984 K/Pid/2009.
In the Supreme Court Decision No. 2056 K/Pid/2012 it is stated that violence in Article 170 of the Criminal Code is the goal rather than the act of the perpetrator himself. Meanwhile, violence in the provisions stipulated in Articles 146, 211, 212 of the Indonesian Criminal Code is a tool or effort to achieve the objectives specified in the element of the offense.
This can be seen in the book of Indonesian Criminal Code translated by R. Soesilo which explains the provisions of Article 170, stating:
“Performing violence in this Article is not a tool or an effort to achieve something as is the case in Articles 146, 211, 212, and others, but is a goal. Besides that, it does not include delinquency in Article 489, persecution in Article 351, and damage to goods in Article 406 and so on.”
(KUHP Serta Komentar-Komentarnya R. Soesilo, hal. 146).