UNDERSTANDING COMPLAINT OFFENSE DELICT

Written By : Kania Aura Aprilia & Fairuz Kamilah Fahrudin

Imagine that you have experienced a detrimental action, but no one knows about it. Will your case be investigated? The answer depends on the type of crime you are involved in. If it is a complaint offense delict, then you must actively report the incident. But what is a Complaint Offense Delict?

A complaint offence delict is described as "A complaint, which is a notice accompanied by a request, filed by a concerned party in the interest  of taking legal action against someone who has committed a reportable criminal offense that has caused harm to the victim." Simply put, complaint offense delicts are types of crime where the government won't come into action before someone makes a formal complaint. Complaint offenses can be compared to if two toddlers are playing with toys and one of them breaks the other kid's toy. Even if an adult notices that the toy is broken, the adult won't do anything if nobody complains about it, because the adult will assume that the toddler doesn't really care about the toy. Similar to the grown-up world, law enforcement will need to be told what happened and that you want help in taking further action. These types of cases also make it possible to withdraw a complaint. If you decide to withdraw a previously filed complaint, the authorities will consider further action unnecessary and close the matter.

The characteristics;

The characteristics;

1. A case can only be processed based on a complaint by the victim. This type of criminal offense cannot be legally processed without an official complaint from the victim or people relevant to the case.

2. The complainant who filed the report can withdraw it. If the complaint is withdrawn, the legal process stops, and no further criminal charges are pursued.

3. Only the interested party can file a complaint. A reportable offense cannot be reported by an unrelated third party. Only the victim or someone directly harmed can make the complaint.

4. There is a time limit for filing the complaint. Complaints regarding reportable offenses must be filed within a certain time after the crime occurs. If this time limit is exceeded, the complaint cannot be made.

5. The process can be stopped if the complainant reconciles with the defendant. If the party making the complaint reconciles with the perpetrator, the criminal proceedings can be stopped. This reconciliation must occur before the court process is completed.

 

R. Soesilo in his book The criminal code and its Complete Comments Article by Article, divides complaint offenses into two types, namely:

An absolute complaint offense is an offense (criminal incident) which can always only be prosecuted if there is a complaint as stated in articles: 284, 287, 293, 310, and subsequently, 332, 322, and 369 of the Criminal Code (KUHP).

Relative complaint offenses are offenses (criminal incidents) which are usually not complaint offenses, but if they are committed by relatives as specified in Article 367 of the Criminal Code (Kitab Undang-Undang Hukum Pidana), then they become complaint offenses. These relative complaint offenses are mentioned in articles: 367, 370, 376, 394, 404, and 411 of the Criminal Code (KUHP).

A husband has filed a complaint regarding adultery (Article 284 of the Criminal Code) that his wife has committed, he cannot want the man who committed adultery with his wife to be prosecuted, but his wife (because she is still in love) should not be prosecuted.

                                                              

REFERENCES

• Andi Hamzah, Delik-delik Tertentu (Speciale Delicten) di dalam KUHP, Sinar Grafika, Jakarta, 2009.

 

• Andi Hamzah, Hukum Acara Pidana Indonesia, Sinar Grafika, Jakarta, 2006.

 

• Teguh Prasetyo, Hukum Pidana, PT RajaGrafindo Persada, Jakarta, 2007.

 

• Soesilo, R. (1996). Kitab Undang-Undang Hukum Pidana Serta Komentar-Komentarnya Lengkap Pasal Demi Pasal. Hal. 87. Jakarta: Politeia.

 

• Sudarto, Hukum Pidana I, Yayasan Sudarto, Semarang, 1986.