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IDIT;ED BY:' : '. . , 22;;- - . ' .. . .

-*..-OIRE~X ORATE GENERAL OF LAW AND LEGISLATION MINISTRY OF JUSTICE

PENAL CODE OF INDONESIA

DIRECTORATE GENERAL OF LAW AND LEGISLATION MINISTRY OF JUSTICE

C O N T E X T S

..I. P r e f a c e ................................................................................. 5

E. Appendixes .................................................................................. G

C. Book I. General Provisiol~s I . Chapter T. Estcnt of operntion of the s tatutory per~al provisions ...

......................................................... 2. chap& 11. Punishnrents 3. Chnpter 111. Exclusion, mitigation and enhazcement of punishn:ent

............................................................... . 4. Chapter IV. Attempt 5 . Chnpter l'. Participation in punishable ncts ..............................

.............................. G. Chnpter VI. Conjunction of punishable ncts 7. Chapter VII. Filing nnd withdmwal of con~plaint in crimes to be

........................ ........................ prosecuted only upon con~plaint :

S. Chapter VIIT. Lapse .of the r i g h t t o prosecute and of the ................. punishn~ent .............. ..,.. ....................................... -.

............ 9. Chapter IX. .Sence of some exprcssions used in the.Code

D. Book 11. Crimes 1. Chapter 1. C r i ~ ~ ~ c s against the security of the s tate .................. 2. Chapter 11. Crimes against thc dignity of the President and Vice

.................................................................................. President 3. Chapter 111. Crill~cs against friendly s ta tes ancl azainst heacls

nnd representatives of friendly s tates .................................... :I. Chapter IV. Criatcs Concerning thc pcrfornranccs of s ta te clu:ics

..................................................................... and s tate rights 5. Chapter V. Crimes against thc public order ...........................

................................................................ G. Chnpter VI. Duelling 7. Chapter VII. whereby thc gcltcral security of persons or

property is endangered ............................................................. 3 .......................... 8. Chapter VIII. Crimes against public authori ty

................................. 9. Chapter IS. Perjury and false testimony ... . 10. Chapter X. Counterfeit or' coins and currency- and bank notes

................................... a 11. Chapter XI. Forgery of seals and mm-2s 12, Chapter SIT. Forgery of writings ..........................................

............ 13. Chapter XIII. Crimes against the civil s t a tus of persons .................................... 14. Chapter XIV. Crimes against decency .................................... 1.5. Chapter XIr. Abandonn~ent of dcstitutc::

16. Chaplcr XVI. Defamation .............. .................................. ...................................... 17. Chapter SVII. Revelation of - -

........................ ij IS. Chapter XVIII. C r i n ~ e s ag: - . ,*l -KSorty 19. Chapter XIX. Crimes agaiuhc r~fe ............................................. 20. Chapter X I . bralkeatment ....................................................... 21. Chapter XSI. Causing death or bodily harm by ncgligcnce ......... 22. Chapter XXII. Theft ........................... ... ..................................

................................... 2:;. Chapter S S f 1 1 . Extortion-and 'bl-~ckulail ................................................ S:. Chapter -XXIY. Embezzlement

.............................................................. 23. Chapter XSV. Fraud ............ ?I;. Chnpccr S S V I . Injury to creditors or riphtiul claill~ants

.................. 17. Chapter -XYVII. Destruction or damage to property ........................ 28. Chapter SXYIII. Crinles c o n ~ n ~ i t t e d by officials

........................... 29. Chapter X-=X. Crinles relating to navigation 30. Chapter SXIX -4. C r i n e s relating to aviation and aviation i a -

cilities ................................................................................... 31. Chapter SXX. Receiving stolen property, publishing and printing 32. Chnpter.;'iYSI. Provisions relating to recidivisnl colnrnon to

E.. Book 111. 3Iisdemeanours 1. Chapter I. 3Iisdenleanours concerning the general security of

.............................. persons and property and the public health .................. 2. Chapter 11. Nisdenieanours relating to public order

............ 9. Chapter 111. 3fisdemeanours rgainst the public authority :I. Chapter IV. 3Iisdenreanours relating to descent and niarl-iage ...... j. Chaptcr V. Misdemeanours relating to destitute persons ............

........................... 6. Chapter VI. filisdernennour~ relating to n ~ o r a l s 7. Chapter VII. I\lisdemeanours relating to yards and prclliiscs ......

................................. 8. Chapter VIII. .Misdemeanours by ofiicials 9. Chapter IX. Misdemeanours relating to navigation .....................

I t has 'becn a common phe~lc? :'-ilon in every s:ace, that irr:erna;ion=l traffic of pcop!e has gro\\-n ren~arkahlv due to eco.?orriIc devclop~nent ?!id il:iva~tcen\cn? in t ransport f acilitics.

Titis rairid growth of tcchuology, ho\\-ever, has no: ;\!ways its pood rc;uli.

The i~ tc re t sc of Indonesian nationals ,noin.: ahroari and foreign ~:atir\na!s entering our country t n 3 given rise to both domestic and transnationzl c r i ~ c c problems.

Duc to the facts tha t c r i~n ina l i ty no\radaya tends CO have it t r ansn i~ t io~tz i

i character, i t is iml)os,zible f o r a country to consider Irse!? u clojed uci! at11.I co:llbats cr in~inal i ty in isolntion of its neighbours.

I ~ l i ~ r n a t i o r ~ a l cooperittion u ~ t d l ~ ~ u t u a l legal assisrsccc hits beco1:te i~tcreirs- '

il:gly in~por tan t ns cri~t tes beconte ntore tri~nsniltiocal. For this purposc i t would be ndvisablc f o r countries to h a v ~ kuo\rlcd;.c

0: c:lch otllcrs Icgnl syste~t t v-~l~ethcr bp cschnnge of inior~llitt io~l it3 \re!i as by studying foreign penal codes nnd other regn la t io~~j : re lat i t~g to c r i t ~ ~ c prc- vc~ttiou.

Sillcc foreign language often creates r special linguistic barrier, trims- littion of those codes icto a lanpunge mhi:h is used in internntioual re in i ionj \rill be of much he!p.

I t is in this connecrion, ttt;it the Dcpart~ltvnt G C Justice l t rs pt:llis;~ed tl:e E~tglisll version of the Penal Code of Indonesin.

The Pe l~nl Code of Indonesia is based OII tile code reyuli~ted in state [ G ~ z c t t e no. 73'1 year 19!5 known 3s thc "W ctboek van Straireclt; voo!. Indo- i ttesia" wit11 ill1 its r e v i s i o ~ ~ s t t~~c l cttttencln~cnta up to 1976. i t Ill closing this prcfiice. I \roiild like to extecti 111:; ~ r n t i t u d c ;tl~ci appre-

i cintion to JIr. Sugondo Suntodiredjo, S.H., the f o r n ~ e r Director General of

I Latv nlld Lezislntion who llns devoted his ti111c rind attention to this tra1:slatiol:.

1 A& last, but cot Icast, 111y sincere thanks to t l~ose \v110 \villingly hclperl i J in the publicntion of this book. !

Jnkilria, February r?; , . lPj? i !

Dircccor Cc~tcritl o f

I.::\$ ~ I I I I ~ l , cg i s \ : t~ i t~~~

! Jlii~istr:: V C Juslicc, i

- If;il.sorio .-\cli~~~niart:-. SH. 31 PX.

Article 1.

The words "cwenty'five rupiahs" ia the articles 364, 3 . i f , '3 i9 , 3s-: and 407, paragraph (1) of the Penal Code is amended to " k o hundred and f i f ty rupiahs"

Act KO. lS./Perpull960

Article 1.

(1) Any anlount of punishment. to fine, either in the Penal Code, as added and amended several times, lastly by .?c: s o . 1, year 19GO S1:ttc Guzcttc ycnr 19G0, KO. 1) or in other pcnul provisiour, issucd bcfarc August 17 th. 13-15, shall be sitbstitutcd by rupixhs iutcl ~t~ult ipl icd .fifteen tinleu.

(2 ) The provision in paragragh (1) shall not be applicable to tha anlount of t he punishment to fine in the penal provision:, n-hich has been inserted in t h e crimes against the econonlic order.

P E N A L C O D E O F I N D O N E S I A .

BOOK I.

G e ~ ~ c r a l Provijionj.

CHAPTER I

Extent of operation of the s tatutory pennl prohigions.

Article 1. E

(1) KO act shall be punished unless by virtue of a prior statutory penal provision.

(2) In case of nltcration in the It.,nislation a f te r t l ~ c datc of co~ul~iissio~l of thc act, thc iilost favourable provisions for thc accuac~shrrll apply.

Article 2. 4

I The lndonesian statutory penal provisions a r e applic~blc to any p o r s o ~ ~ who is guilty of a punishable act within Indonesia.

Article 3.

The Il~donesinn statutory pen31 provisions a r e applicable to ally pcrsorr wito is guilty of a punishable act outsidc Int lo~~esia on board an 111donesinn vessel o r aircraft.

l Article 4.

The Iudonesian statutory penal provisions a r e applicable to any person who outsidc Indonesia is guilty of:

l s t , onc of the crimes described in articles 104, 106, 107, 108, 110, 111 bis, a under l s t , 127 nnd 131;

2nd-ly, any crime .with respect to coin or papcr nloncy issued by the Statc or by thc Bank, or with respect to s t a n ~ p s issued and n ~ a r k j used by

i t thc Indonesian G o v c r n ~ u c ~ ~ t ; i i Srd-ly, Forgery of debzurcs of debt ccrtif icrrlcs changeable to Indonc~in, 10

a region ur part of n rcgion, including counterfoils, ev idc~~cc of divi- dends and interests belonging ?<%id documc~~ts , and certificates issucd in lieu of said docunicnts, or the usc of such falsc or forged d o c u ~ ~ ~ e ~ ~ t s a s if 'I gcnuinc and unfalsificd;

%- ijlth-ly, onc of t c cr in~cs dcscribcd in articlcs 43S, 444 -41G, s s f a r a s they conccrn piracy, and thosc c r i ~ ~ i c s dcscribcd ,i,n articlc 4-17 rclatiug to thc sur re~ider of a vcsscl to pirates, and articlc 479 j relating to the unlnwful cxcrciscp of control o i a ircraf t , article 479 1, 111, n and o relating to criliics which jcoy~nrdizc. tlrc snfcty of civil nviutio~i.

Article 5.

(1) The Indonesian s tatutory penal p r o ~ b , . > n i are applicable to an Indonciian ! Kational who outside Indonesia commits: l s t , onc of the crinlcs described in Chapters I and I1 of thc second

Eook, and in articles 160, 161, 240, 173, 150 and 451;

. l i tl

2ild-ly1 a n act deemed by the Indonesian statutory penal provisions to S

be a crime and on which punishment is imposed by the law of the country I\-herc it has been committed.

(2) Thc prosecution of the crime referred to under secondly niay also be 3 !

instituted if the accused becomes a subject a f te r thc conln~iision of the act, T ?.

Article 6. F L

The ;ipplicability of article 5 , f i r s t p a r a g r a g l ~ , 2nd-ly, is li~llited suclr tha t - the capital punishnlent.cannot be imposed upon an act which the capital punish-

1 n ~ e n t is not provided f o r by the law of the country where the act has been 1 committed. . . f

.Article ,i. ;

Tilt 111doncsian s ta tu tory penal provisiol~s a r e nppli:nbIc to tllc 111donrsia11 official who outside Indonesin is guilty of one of the crimes described in Chapter

i X S V I ~ I o i ~ o o k 11. l i

The I n d o ~ ~ r s i t r ~ i s ta tutory penal provisions a r e al)plicnble to the shipper lultl those on board a n I ~ ~ d o n e s i a n vesscl who ontsidc I ~ i t l o ~ ~ e s i a , also when not 011 b~iirll , is g ~ ~ i l t y UP otlc O C the punishable acts, dcscribccl ill Clinpter S S I S of Book I1 nlrd Chapter I S of Eook ILL, i ~ ~ c l u d i n p the general regularions on sea-letters nncl certificates of registry in Indonesiir allcl in the "Schepcn Ordon- nnntie 1927" (Ship3 Ordinance 1927).

d Article 9.

The appliciibility of articles 1 - 3, 'i and S a r e restricted by the exceptiol~s recognized in inte;nationnl law.

CHAPTER 11.

Punishments.

ls t , capital punishn~cnt. 2nd-ly, imprisonment, 3rd-ly, .light imprisonn~cnt, Ith-ly, fine:

b. additional punishments :

1st. depritation of certain rights,

2nd-ly, forfeiture of specific property.

Srd-ly, publication of judicial verdict.

The capital punishnrent shall be executed by shooting the re3:ezlced pcrson to death (As amended by article 1 of Act No. /Pnps /1964) .

Article 12.

(1) The ii~lprisoiinictit is for life or temporary.

(2) The tern1 of t h e temporary imprisonnrent is n t least one day and a t nrost fifteen consecutive gears.

(a) Tcnlporirry ii~lprisoiii~ient llrny be iu~posed for a t nrost tIv.enty consecutiva years in cases where in the discfetion of the judge thc crinlc is punishable by capital punishment, life-long and teilrporary imprisonn~ent, o r life-long or temporary imprisonirrent, and in those cases where by reason o i a sentence increak because of conjunction of crimes, recidivisnr of crinrc o r the provisions under article 32, and j?ii, the term of fifteen' years is exceeded.

(4) In no case thc tc.rill.of twei~ ty p 3 T S nrny be cxceeded.

Article 13. .The pcrsorls sentc:lcctI to ii~lprisonillcnt arc classifietl into categories.

Article 1.1.

The person se11te:lced to in~prisonnrelrt shall perfornr the labour iillposed upon hinr ~ccordailce with thc regulation laid down for the implenrentation of article 29.

J

Article 14a.

(1) In case of sentence to iilrprisonnrent of nt nrost one year and in case of sentence to light imprisonnrcnt not including srlbstitutivc light inlprizoll- nrent, the sentencing judgc n c also give thc ordcr tha t t'nc punishnlcnt sllnll not bc executed, unless later on by judicial wrd i c t nlay bc ordcrcd otlrcr\\.isc by rcilsoll tha t thc scntclrccd pcrson bcforc tcrnlinntion of n probatioi~ pcriod dctcrrllincd by tlrc ordcr has comn~it:cd a punishullc ac t or during said probation pcriod has no: fulfilled a special condition, which illay bc stipulated by thc ordcr. ! : , < l : ~ : ....,

( ) The ycntenci l l~ judpc has thc snnic compctcncc, * -,<l in of State's rcsourccs and leazea, ill casc or a scntcncc finc, but only if it is evident to llilll tha t tllc pnynicnt of thc f inc or thc forfciturc, which may also bc pronounced, produccs scvcrc difficulties to thc scntcnccd person.

Crimes and misdemeanour3 concerning opium arc regarded fo r thc appli- cability o i this paragraph to be concerned only *th State's rerources. as ' . - as m t h respect to those crimes ar.d misde=eanours, it is provided tha. ;.. case of a sentence to fine t h e prorisions of article S0 p a r a ~ a p h 2 shall not apply.

(Jn) With respect to the basic punisiiment the order also covers, a s f a r as the judge does not provide otherwise, the imposed additional punishnents.

(4) The order shall not be issued, unless t h e judge a f te r close exnlnination is convinced tha t adequate su_oervision can be exercised on thc fuliilmcnt of the. general condition t ha t the sentenced perjon will not co~llmit it punishable act and of the special conditions if these were imposed.

( 5 ) The verdict co~rtainilig the ordcr referrcd to in the f i r s t paragrapil, shall incorporntc Lilc causal facts or circulilsta~rccs on whicll i t was bascd.

. . .. A . . . . (1) The probatioll period f o r c i i n~es and misdelrreanourq described in articles

492, 504, 505, 506 and 536 is a t most th ree years, fo r other niisden~ear.ours a t nrost two years. ,

(2) The probation period takes effe:t rrs so011 as the verdict has beconie fili:il and has becn lilntlc known to t he se~rte~rccrl pcrsoll in a nlnnner fixcd by !:\a.

(3) Tire probation period does not take effect durilr: the period tlla; tlie sentenced persoil is deprived of his freedom by reason of a l a r fu l detention.

Article 14c. l

l

(1) ' 'Bp the order referred to iir article 14a, the judge may, except ill case l 1 !

of sentence to fine, in addition to the general condition, t ha t the sen- J tenccd person shall not conlniit a punishnblc act, iis a spccial condition :hat tllc scnknccd pcrson sllall. u-ithi11 a fixed pcriod of tilrrc shortcr than thc probation period. compcnsatc wholly or partly f o r damages causcd by the punisllablc act.

(1) 111 casc of sclltcncc cithcr to in~prisonmcllt f o r longer than tllrec ~nonths, o r to light imprisonn~cnt iiuposed on Z C C O U I I ~ o i OIIC of tllc n~isdc~ucanours describcd in articlcs 49'1, 504, 505, 506 and 536, t h c scn te~rc i l~g judge shall have Lhc power to f ix also other spccial conditions by his ordcr with rcg:rrd to thc hchaviour.of tlrc sentenced pcrson which sllall hc

. .. . satisfictl by thc lat tcr during the probation period or par t of the pro- '

bntio~l pcriod fixcd by said ordcr.

(3 ) Thosc conditions shall not restrict the religious and political frcedolrr of tlic scntcnccd pcrson.

( l The officer in charge of t he supervision on th- fuffilment of the condition shall be the officer r h o , when later an or!?- for .execution n a y be issued, makes execu:e the sentence.

(2) The sentencing judge may, if there a r e grounds fo r it, by his order instruct an institution domiciled and incorporated in Indonesia, a m e m k r of the management of a n institution domiciled in Indonesia, or a special officer, to provide help and assistance to n sentenced person in fulfilling the special conditions.

( 3 ) ~ns t ruc t i& for fur ther regu!ation of said supervision and assistance and for fur ther designation of the institutions and members of the mana- qenrent of institutions who riiay be chargcd with thc provisio~r of thc assistance, shall be i ised by statutc.

The judge who has senteced in f i r s t instance, may, either on receipt of an advice from the officer nientioned in the f i r s t paragraph of article I-ld, or a t the request of thc sentenced person, al ter during the probation period, thc .

special conditions or the tern1 by which the special conditions a r e liniitcd in their operations within the probation period, assign the provision of assis- tancc to another person thaii the unc cnrlicr chargcd with thc assistance, or cxtel~d thc pcriotl of probntion olicc. Thc cxtension of period shall be madc for nt niost half of thc longest periocl a t \vhicl~ the p roba t i o~~ could have bee:~ fixed.

(1) Without prejudice to the provision in the previous article, the judge w i ~ o has sentenced in f i r s t instance, may on rcceipt of an advice froill the officer mentioned in the f i r s t paragraph of article 14d, if the sentenced

I person during t he probation period is guilty of a punishable act and for thnt reason has been irrevocably sentcnccd, or if onc of thc othcr condi- tions liar not bczn nret, o r if tire sentenced pcrson beforc tcr~irination of tile probatiori pcriod has becn irrevocably scntcnccd on iiccount of ;i

punishablc act, coniiiiittcd bcforc saitl probatio~i l~criod, instruct cxccution or dctcrn~inc tiiat thc seiitci~ced ycrson s1i;ill bc adiironisl~ed on his bchalf. Iii the last casc he will also dctcrn~inc the nianner in which the adnionit- ion shall take placc.

(2) The ordcr for esrr..ct;n. . ay not be issucd any nrorc wlicn the probation period . has cxy: .. thc scntcnccd person bcforc tcrniination o i

i; thc probation- : .;; prosccutcd on account of a punishablc act cohi- nlifted during t h ~ i.;obation pcriod and thc prosecution cnds with an irrcvb- cable vcrdict. In t!iis casc within two nionths a f tc r the scntcncc has become irrcvocablc. thc ordcr for cxccution niay still be issiicd in thc groi~ud of thc coniniittcd punishnblc act.

Conditional Release.

Article 13.

l - - I

(1) Thc person sentenced to inrprisonnrent, nlay, tvhel~ two thirds of his zctual 1 1

tcrni of imprisonnlent and a t least ninc months of the term ::are elapjcd, bc released conditionally. In case the sentenced person nrust serve more in~prisonn~enrs cozsecutively, the imprisonirrents a r e considered for this purpose to be one sentence.

( 2 ) By this coi~ditionul release n probation period for the sentezced pcrson 1 shall be deternlilied and the condition, wl~ich thc sentenced prrson shall i satisfy during the probation period, shall be fixed. f

(3) The duration of the probat iol~ period is one year longer than the remaining p a r t of the nctual term of iniprisolil~ient of the ser1:enczd person. I t is not effective during the t i l i~e that the sentenced person is lawfully deprived

i f

of his f recdom. 5 Article 13a. 1

(1) Thc coliditioiiul release shall bc tied in with the gcncrz! condi:iorl tlllct f

thc sentenced person shall not commit any punishable act, nor nlisbehiivc hinrself otherwise.

(2) The conditional release nray also be tied in with special colldicions with respect to tile conduct of the sentenced pcrson, provided these cor.ditions do not restrict the religious or political freecloni.

(3) With the supervision OII thc fr~lf i lnic~it of the courlitio~~s is charged the officer mentioned ill the f i rs t parngrnph of i~rticlc l.((!. 1

i (4) For the fulfilu~clrt of the conclitions n spccial supcrvisio:l II:~!: also bc

institutcd, which exclusively has the objective of provic!irig help nnd assistance to thc sentenced person.

(5) During thc probatio~i periocl the corlditions nruy bc aoie~:clecl or discorl- tiuued, o r special conditions may ns yet be irnposcd, a special sune~-.-ision

J niay a s yet be instituted and the special supervision 111ay be con~:~:iasioned ! !

to a body or- person othcr than tlic bocly or pcrsoll previously i:i charge. I I

(G) To the conditionally rclcased pcrsoil a pass shnll be issired on \\.hich all coirditions in~posed upon lriill sllall bc stipulated. 111 case thc iorrgoing paragraph bcconrcs opcrativc, a ncw pass shall be issued to him.

1 Tlic conditiolial rclcasc can IJC tvilhdramn in casc thc , :~.:<:-!)~I-w<I: . during thc 11rob:ition pcriod ccts il l contravcntioli o i t m : . , ~ i ~ ~ ~ ~ ~ ~ : . i ~ ~ i ~ l - atcd in his pass. I t ai~aj., if t h c C S ~ S ~ C I I C C of such B C L S I; SCT~OURI!- ~11:;-

pccted, be silspcndcd by thc 3liniutcr of Justicc.

(2) Tlic tillic lleriod bcttvccl~ n rclcasc and a r c sun lp t i o~~ oE t'nc csccu; in~~ of ,

thc s c n t c ~ ~ c c is not iriclutlcd i l l tlrc tcrlit of thc ;liinish~~rc~rt.

(g) The \vithdrawsrl curl nu'lorlycr bc cffectcd if 5ir1ce terminatiurl uf the probation a L - :sd of three nronths has elapsed, unless the sentenced person before - . :.:ination of the three months period is prosecuted on the zr0ur.d o i a pur,ishnble ac t coninritted during the probation period a:id the prosecution ends with an irrevocable conden~nation. In that case the conditional release may. be withdrawn on the ground that the sentenced person has committed the act still wirhin three nronths, after the condenl- nation has become irrevocable.

Article 16.

(1) The decissions of the conditional release a r e taken a t the advice of or after iuquirics from the director o i the prison where the sentenced perso:r is present, by the Minister or' Justice af ter receipt of an advice iron1 the Public Prosecutor of the re,oion wlrere t h e sentenced person comes from. These decisions shall only be taken a f te r the Central Board for the Probation Systeirl whose functions will be regulated by the SIinister of Justice, has been hcurd on the matter.

(3 The decisions of withdrawal of the conditional release and also those whkh result from the application of the ~ rov i s i on of article l5 n fifth parhgrnph, are made by the 31inister of Justice af ter the advice of or a f te r inquiries hnve been n:ade froor the Public Prosecutor of the region where the sentenced person conies froni. These conditions a r e oaly n~ade nfter the Central Board for the Probation System hnr becn heard on the mnttcr.

( 3 ) As long a s thc 'gowcr of \vitlrdrir\val of the conditionlrl rclcase esistl. the person conditionally released, against \vhonl there is n reasonable suspicion t ha t he has acted during the probation period contrary to the conditions stipulnted in his pass, may in the interest of the public order, be detained by order of the Public Prosecutor of the region where the sentenced person comes from, under an obligation to give instant nqticc thereof to the Minister of Justice.

(1) T ~ C . duration of detention shall be a t most sixty days. 4 . .

If t h e detention is followed by a suspension 01. a \vithdrnwal of the co~~clitionnl rclense, thc execution of thc sentence is decnicd to bc rcsumetl on thc day of t h c dctcntion.

. .

Article 1'7.

The form of the passes and the fur ther instructions for the implementation of articles 15, 15 a and 16 shall be fixed by statute.

I -4rtii1e IS. : : i . he duration of the light imprisonn~ent shall be a t least oxre day and at

0 - ;.j n~os t one year.

i (2) It can be imposed for a t nrost one year and four months in cases where,

i hecnusc of incrcn~cnt 01 ser~tcnce for reason of a conjunction of crimes. recidivism or the provision undcr article h?, the period of onc ycar is rxctrdcd.

( 3 ) I t may under no circunstances exceed the t e r n o i one y e w and four months.

iOrm (1) The person sentenced to light imprisonment sha!l be obliged to per ' the labour imposed upon him according to the procisions of implementation of article 29.

(2) He shall be assigned a lighter labour than the person sentenced to im- y 1-isonn~ent.

.4rtic!e 20.

(1) A judicial verdict may determine tha t the perso2 sentenced to in:prisoa- . . n ~ e n t or l izht irnprisonnaent of a t naost one mozth, be pern~i t ted bi. the

Public Prosecutor to spend freely the hours aft*. the work period. (2) . If the sentenced person with respect to such decision, unless for reasons

independent of his will, is not present a t the s t i~u l a t ed time and the indicated place in order to perform the activities instructed to him, he

' ' shall fur ther serve his sentence in t he usual \vac.

( 3 ) The robi is ion of the f i r s t paragraph shall not be applicable, if a t the commitment of t he act two years have not yet elapsed since t he offender has served imprisonment or light in~prisonnient.

Article 21.

Light iillprisonment shall be served in t h e area \\-here the sentenced perion lives or, in case he does not have a dwelling, s tays a t the time of the eseclltion of the judicial verdict, unless a t his request the 3Iini;:er of Justice permits him to serve the sentence solnc\vherc else.

Article 22.

(1) Light in~prisonnaent which must be served by a sentenced person who ' serves a liberty sentence a t an institution destined for the execution of

an imprisonment, a light imprisonment, o r both, may a t his reqrlest immediately a f te r termination of the liberty sentsnce be served a t the sanlc institution.

(3 Light imprieonnlent hence sewed in a n institution esclusively destined for imprisonment shall consequently not change its nature.

Article 23.

Any person sentenced to ligb:. i!nprisonil~cnt nlay 1: his o\vn costs nll01v hiniself some improven~ent ' ' ' accordin,o to regulations to bc further laid down by statute. , .

Persons sentenced to imprisonn~ent and l ight in~prissnn~ent nlay be oblisecl to perform labour cithcr indoors o r outdoors of o n institution dcstincd for taking convicts.

l

L ~ s t , those sentenced t* life imprisonment; 3rd-ly, women; Srd-ly, sentenced persons who a i t e r nledical examination appear to be unfit

f o r said labour.

Article 26.

IF in the opinion of thc judgc by reasus of pcrsonal or social c i r c s n ~ s t a ~ ~ c c s there a r c grourjils for it, it shall bc determined 1 . i ~ jr~dicial verdict tl:~: no outdoors .I?.bour a t a n institution destitred for tnkinp convicts shall be imposed upon the sentenced person.

I Article 17. The tern1 of the temporary illlprison~l~ent a ~ l d the light imprisonmen: shall

bc indicated in the judicial verdict' in 'dafs, weeks, ~rlonths and years, not in . . . . . . . . . . . . . . . . . . parts thereof: . ' ' . .

. . . . . . . . . . . . . . . . . . . . . . . . . . ;Article .28 .

Imprisonment and light 'i'nrpriso~lnicnt nlny ' be' served a t the same insti- tution provided t h a t they a re servecl- in 'sepn'iate departments.

. . . . . . . . . . . . . . . . . . . _ . . . . . . .

. . . . . (1) The nssignmcnt of .the j&titutions' where either inrprison:nent or light

i~l ipr isonn~ent of both a rc sc~vecl, end also of ihc organization and nlanagen~cnt of these ilrstitutions, of thc sub-division of the prisoners into classes, of the labour, of the \\-ages fo r thc labour, OF the ac:on~n~odation of the convicts who do not s tay a t the prison, of the education, of the divinc services, of thc discipline, of the bedding, of the food and of the

. clothes shall.'be fiscd by statute.nccording to this code.

(2) .Household .regulations . for .those institutions shall, if necessary, be fixed -. - .by t h e Minister of Justice.

. . , +rticle 30.

(1) The amount of the fine shall 'bc n t icast twenty five cents.

(2) In case of sentence to fine, the fine shnll, i f no pnid, bc substituted by light imprisonment.

( 2 ) Tlrc tern1 of :the substitutivc l ip l~ t inrprisou~rrent shall be a t Icns: ovq3 day .n'nd h t most .six months.

(-1) The tern1 of t h c substitutivc light i ~ ~ l p r i s o n ~ r ~ c n t shall be de:err,,:---:i . .&

;.; the judicial vcl;dict, in this nlanncr, t h a t fo r all in~!~osed i i n c ; 1

. . amount of hnlf a Rupinh o r less, shall be substituted one day, for an - .. imposed fine in n bigger amount, shall be substituted not more than - .

one daS for each hnlf n Rupiah of t h e imposed fine and f o r the remaining . . part thcrcof.

( 5 ) Light i ~ ~ l p r i s u ~ u l r n t 1lla.v bc i~uposcd f o r at 111ost eight nlonths iu a s e s where on account cf conjunction of crimes, recidirism or the provision in article 52, the .:.inurn bf the crime is increased.

( 6 ) It shall under no c:;-;.n~skances exceed the term of eight months.

Article 31.

(1) The person sentenced to fine may inunediately serve the substitutive light inlpriaonment without awaiting the term of payment.

(2) H e shall always have the r igh t t o be freed f rom t h e substitutive light im- pr isonn~ent by payment of t h e fine.

(3) The pnyn~ent of par t of the fine, either prior to the execution of the substitutive light imprisonment o r a f te r it has commenced, shall s e t the sentenced person f ree fro111 the execution of a proportional p a r t of the substitutive punishment.

Article 32.

(1) Inlprironnlent and l ight inlprisonn~ent shall, a s f a r a s each of these punishnlents concerns, take effect a s regards sentenced persons who have been tenlporarily detained, o n . the day when the judicial verdict has become final, and as regards other sentenced persons on the day of thc execution of t h e judicial verdict.

(2) I f by t h e salllc judicial verdict inlprisonnlent and light imprisonn~cnt a r e imposed on t h e s o u n d of acts, f o r which o r f o r one of which thc sentenced person has been tenlporarily detained, and if the verdict f o r all convictions becomes f inal a t t h e same moment, then the imprisonnlent shall take effect a t tha t moment and t h e l ight imprisonment immediately a f t e r termination of the imprisonment. '

Article 33.

(1) B y the judicial verdict nlay be determined t h a t the time spent by the . sentenced person prior to the day when the verdict becomes final will

3 be deducted upon execution f r o m the imposed. tcn~por?ry imprisonment, l ight inlprisonment o r fine: a s f o r the fine, according to the standard determined in the third paragraph of article 31.

( 1 ) The time during which nn accused person h a s been detained without varrant in writing shall no t be deducted unless expressly determined

i n the verdict.

(3) T h e pro\risions of this article shall also be applicable in case, by simul- taneous prosecution on account of more acts, the verdict is pronounced -. the ground of another act than f o r which the sentenced person is' :c.mporarilj detained. '

Article 33a. If by a person sentenced to imprisonment and light inlprisonment who is

temporarily detained, o r by a third par ty with t h e approval of t h e sentenced person, n requcst f o r w n c c is submitted. t h e t ime t h n t elapses hetneen thc

day of submission of said request and the day when the President decides or the matter shall not be considered a s a term of imprisonment, unless the President, taking into consideration t h e c i r c u m s t a n c ~ of the case, deter- n~ ines in his decision tha t the time shall count wholly or 2artialiy as a term of imprisonment.

. Article 32.

In case of =cape of the convict while serving his sentence, the time hence spent outside the place where he must serve his sentence, shall not be counted illto the tern1 of the sentence.

Article 35.

The rights of which the offender in cases determined.by this code or by another general regulation may be deprived by judicial verdict, a r e : l s t , to hold offices o r specific offices; 2nd-ly, to serve with the armed forces; 3rd-Iy, to vote and be voted for in elections held by virtue of general

regulations; 4th-ly, to be a counsellor o r a legal milnager and to be a guardian, co-

guardian, curator o r CO-curator over other chi!dren than his own; 5th-ly, the paternal authority, the guardianship and the curatorship over

one's own children; 6th-ly, to exercise specific professions.

(2) The conipetence of the judge to deprive a n official of a specific office shall not exist if by regulation another power is exclusivelr designated for said deprivation.

Article 86.

Release from the r ight t o hold offices or specific offices and to serve with the armed forces may, except in the cases described in the Seconcl Book, be pronounced by verdict on account of a11 abuse of power or 011 account of n crime whcreby thc persorr found guilty violating a special duty o r whereby he nlndc usc of authnrity, npportunity nr ltleans conferrcct upon hi111 by his nflicc.

. . .. . Article 3'7. . .. . .

(1 ) Deprivation froin thc paternal authority and from the guardian;hi'p, the CO-guardianship, both over one's own children a s =-ell a s over other"ones may, cscept in cases described in the 5ccond Eook, be pronounced i n the judgnlcnt against:

. ls t , parents or guardians -. ; ierately with a minor who has been ' 1 submitted to their aut..:i..., take 'part in a crime;

2nd-ly, parents or guardians who commit a crime described in Chapters XIII. XIV, XV, XVIII, SIX and XS o i thc Second Book, against a minor wtla ttas been subn~ittecl to thcir authority.

( 2 ) The deprivation referred to in the foregoing paragraph c a x o t be pro- nounced by the sentencing judge against those persons to =horn provi- sions contained in the Civil Code on deprivation of p a r e n a l authority, gunrdianship and curatorship a re applicable.

Article 38.

(1) When deprivation of rights is pronounced, the judge shall dciermine the t c r n ~ s as follows:

l s t , by a verdict to capital punishment or to a life imprisonment,for .life;

2nd-ly. by a verdict to temporary imprisonment or to light in~priaonnleut, for a time exceeding thc tern1 of the basic punishment by a t least t\vo nnd n t most five years;

3rd-ly, by a verdict to fin'e, for a time of a t least two and a t most five gears.

41) The punishment takes effect on the day when the judicial verdict can ..-. be executed.

(1) Objects belonging to the sentenced person, acquired by means of a crinre or with which a crimc deliberately has been committed, may be iorfeited.

( 2 ) Bp a verdict on account of a crime not intcntionallg committed, or on nccount of a misdemeanour, n s in~i la r forfeiture may be pronounced in the cases determined by s tatutory provision.

( 3 ) Forfeiture may be pronounced against the person found guilty who is placed a t t h e disposal of the Government, however only of obje::~ m-hich havc been confiscated.

Article 10.

I n cases of possession, importation or transportation of property in viola- ' tion of the provisions concerning the funds a n d leases of t h e country, of thc provisions r e g l a t i n g thc supervision over thc navigation in certain par t s nf

.Indonesia and of the provisions prohibiting the importation, expor t r : io~~ ancl t ransi t of property, by n person under the a g e of sixteen 'years, the judgc n~ny , also if t h e person found guilty is returned t o his parents, his guardian or his fosterer, without the application of a punishment, pronouncc thc for- feiture of property referred to.

Article 41.

; .( l) Forfeiture. of Froper ty not confiscated shall, in case said proper::: i. .1:3 . .

'5 surrendered or the nloney valuc a t which i t is es t in~nted is no: pnicl. ~6 ' >

substituted .hy light in~prisonme~lt .

(2) The t c r n ~ of this s ~ ~ b s t i t u t i v c lizht i n ~ p r i s n n n ~ c n t is nt Icnst one day nnt ,

mast s ix nionths.

( 3 ) Said tern1 is determined in the judicial verdic: L? this manner that for a n amount of money of half a Rupiah o r less, shal l be substituted on* day, for a higher amount, ,: more than one day for each hxlf Rupiah and f o r the remaining pa;. ;::ereof.

(4) To this substitutive light iniprisonment article 31 shall be applicable.

(3) Likewise the surrender. of said property releases a person froni the sub- stitutive light imprisonment.

Article 42.

All expenses of iniprisonment and light imprisonment a re chargeable to the Government, all revenues froni fines and forfeitures a re in behalf of the Government.

Article 13.

I n cases where the judge by vir tue of this code or another general regu- lation orders the publication of his verdict, he shall a t the same time detern:ine the manner in which the order shall be executed a t the .expenses of the sentenced person.

CHAPTER 111

Exclusion, mitigation and enhancen~ent

of punishment.

Article 44.

( 1 ) Not punishable shall be t h e .person who coniniits a n act fo r which by reason of the defective development o r sickly disorder of his mental capacities, he is not liable.

( 2 ) I! it is evitlent that he is not liable for the comniitted act by reason of the defective development o r sickly disorder of his mental capacities, the judge may give a n order t h a t he be placed in a lunatic asylum during n probation time not exceeding the term of one year.

(a) The provision it1 the foregoing paragraph shall only apply to tlic Suprenie Court, thc High Court and the District Court.

Article 45.

I n a criminal prosecution of a minor by reason of a n act committed before he has rearhod the age of sixteen years, the judge may:

c:::??- the order tha t the person found guilty be returned to his taren: ; .:S buardian or his fosterer without applying a punishment, ' or, if the act falls under the provision of n. crinie or of one of the misdemeanours described in the nrticles 489, 490, 492, 496, 497, 503 - 505, 514, 517 - 510, .i26, 531, 533, .53G and -540 and is coniniittcd before two years have clnpsrtl sincc nn cnrlicr conviction of thc snnle person of OIIC of these mis- .

denleanours or of n crinie has become final, zive the order tha t t h e person found p i l t y be placed a t the disposal of t h e Government, without ac?lr inz a p u n i j b n ~ e ~ t ;

or sentezce the offender to a punishment.

( l) If the judge has given the order that the offender be placed a t the disposal of the Government, he shall be:

either placed a t a Governn~ental insti:ution in order t h a t he be pro- . vided with his education a: tha t place, or la ter on in another nianner by the Government;

o r entrusted for his education to a certain person or a body cor- porate o r foundrition or charitable institutio:i, in order that he be pro- vided with his education by these bodies, o r la ter on in another nianner, . . . - by the Government;

in both cases a t the utmost until he shall reach the age of eighteen years.

(2) Provisions f o r the iniplcnicn:ation of the f i r s t paragraph of this article shall be fixed by lass-.

(1) If the judge sentences the person found guilty to a punishment, the niaxin~uni of the basic punishnient to be in~poscd on the punishnblc act shall be mitigated by one third.

( 2 ) If i t concerns a crime on which the capital punishnient or a crime on which life imprisonment is imposed, a maximun~ iniprisonment of fifteen years shall be imposed, . .

13 ) The additional punishnients mentioned in articles 10 under b, 1st and 3rd shall not be iniposed.

Article 48. S

Xo: punishable sliall. bc the person who' coniniitj an act to svhich he is conipclled bp force majours. . .

I . .

Article 49. i i

( l ) Kot punishable shall be the person who commits a n ac t necessitated by the defence of his oss-n or another one's body, chastity or propcrty against i

. direct o r ininicdiate threatening unlawful assault. t (1) Xot punishable shall be the overstepping of ' bounds of necessary de- !

fence, if it has been the imniediate result r " . ..rz eniotion caused by the .. assault. .: 1.1.. "I . .

Article 50.

Not' punishihlc sllnll be the person trlio commits a n nct for the cxccutinn ,

of a s tatutory provision. "

Art ic le 51.

I ( S o t punishable shall be the person who cornnlirs ar. a c t f o r t h e execution p : a n official order issued by the competent authority.

(3 -An official order issued inconlpetently shal l not e x e x p t :he p-nishnlent, unless i t was considered in good f a i t h by t h e subordinntc to be issued competently and its execution lied within the l imit of his suboriination.

Article 52.

If a n official by c o n ~ m i t t i n g n punishable a c t violates a special official d u t y o r by conlmitt ing a punishable a c t employs t h e power, oppor tuni ty o r means conferre3 upon him by his office, t he punishment m a y be enhanced w i t h one third.

Art ic le 52a.

I f during: the conlmission of :! crillle the national f l a g of the Republic of Indonesia i s used, the punishnlent inlposed upon said crime may be euhanced with onc third.

C H A P T E R IV

.Attempt.

I Article 53.

(1) Attenlpt to coll~nlit a cr ime is punishablc if t h e intection of the offender has revealed itself by n conlnlencenle~lt of t he periornlnnce a n d t i e pe r - fornlance is not cotaplctud only bccausc of c i r c u n ~ s t ~ l ~ c e s i:idepenicnt of his \\-ill.

( 9 ) The ~ ~ ~ a s i l l l u l l l of the basic punishments inlposed on t h e cri111e in case of a t t empt shall bc mi t igated by one third.

(3 ) If capi ta l punishnlent o r life irnprisonnlent i i inlposed upon a cr ime, I *) a n~ax imunl in~pr isonnlent of f i f teen y e a r s shal l be imposed.

I (4) The additional punis!ln~ents f o r a l tcnlpts a r e thc same a s f o r [!:c. COIII-

j pleted crime. -

Article 54.

.Attempt to conln~it a n~isdell lcanour sllall not be punishiablc.

CI IAPTER V

Par t ic ipat ion in pun i s l~ab le acts.

Articlc 55.

(1) :Is prillcil~ills of a punishablc iict shitll bc pul~ishctl :

l s t , thosc who pc r l~c t rn t c , causc o thc r s to pcrpetratc, o r t ake a dircct 1i:lrt in thc c x c c u t i o ~ l of thc a c t ;

1

Ind-ly, :hose who intentionally provoke the execution of the act by pxts, promises, abuse of power or of respect, force, th rea t or deception o r by providing ec opportunity, means or infornation.

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

Articlc 5G.

-4s accomplices to a crime shall be punished: Ist, the persons who deliberately aid in the conin~ission of the crinie; 2r.d-ly, t h e persons who deliberately provide opportunity, means or iniorli~a-

tion f o r the cornnrission of the crinie.

Article 57.

(1) The iirnxiniiinr of the basic punishnrents imposed upon the crime in coniplicity shall bc niitigiited by one third.

(8) If i t concerns a crime on which the capital punishment o r a crinie on which life imprisonment is imposed, s rnaxiniurn inrprisonn~ent of fifteen years shall bc imposed.

(S) Thc atlditional punishnrent for conlplicity shnll bc the same a s for thc criliie itsclf.

(-1) I n determining the punishment only those acts shall be considered which thc acconiplicc has deliberately facilitated or furthered, together with their consequences.

Article 58. Thc yersolial circu~ristalices on account o i which the iniposition of the

punishnrent is excluded, mitigated or enchsliced, in applying the penal provi- sions shall bc coirrputed otily in respect of thc said principal or acconiplico personslly.

Article 59.

111 cases where by reason of niisdeniennour punishnien: is ir~iposed upon S tlirectors, nrcnlbers of a board of nranngenient o r comn~issioners, no p~inishnient

shall be pronou~iced-against the director o r coliiniissioner who evidctiily does not take any part in the coi~iiiiission of thc nrisdcnicatioar.

Articlc 60.

Coliiplicity to contniit H n1i;denlcanour shall not be punished.

Articlc G1.

( I ) 111 c r i r l - - . . r-c! by nicans of tlic, press the ~)itblislrcr in sucli sltall riot .., it thc printecl iirattcr nicntions his 11;tliic tilld J ~ ) ~ l i i ~ ' i l ~ anil . i t ~ : i t ~ r is klioron or i1:6s been ninde k ~ r o w ~ i by tlic puhlishcr

' l a t thc r~rs i . warning nftcr thc bill. (8) This p r o v i s i o ~ ~ shall riot bc applicnble if a t thc tinrc of p i lb l ica t i~~i no

crinlinal proceedings against thc perpetrator could be i n s t i t ~ ~ t c d or the . perl,ctmtor rvns doniicillecl outside Indonesia.

Article 6". 3

(1) I n crimes cornmitred by nieans of the press, the printer as such s b l 1 not be prosecuted, if the printed niattcr mentions his i:ame and donricile and the person by whose order the nratter has 'been printed is known or has been made known by the printer a t the iirs: warning af ter the bill.

(2) This provision shall not be applicable if a t the time o i printing no crirni:ial proceedings could be instituted. against the pcrson by whosc order thc m ~ t t c r \ u s printed o r the person by whose order the niattcr has been printed was doniiciled outside Indonesia.

CHAPTER V1

C o n j u ~ ~ c t i o ~ i of pu~iishablc acts.

Article 63.

(l) If an act falls within niore than one penal provision, only onc of those provisions shall apply whereby, in case of difference, the iiiost scvcre basic punistinrent shnll bc iliiposed.

(2 ) If f o r a n act that falls under a general penal provision there cxists a special penal provision, only t h e special penal provision shall be con- sidered.

Article G4.

(1) If aniotrg niore acts, even though each in itseli fornis a cririre or iiiis- demeanour, there is such a relatioi~ship that they must be considered 115 orre tontinued act, orily one pci:il provision shall apply whereby. in case of'difference, the iiiost severe penal provision shall bc imposed.

(2) Likewise only one penal provision shall apply ill a verdict of forgery or niutilation of coins and of the use of thc object in respcct of which the

S forgery or mutilation of coins has been cornnritted.

(3) If, however, the crime described in articles 364, 378. 379 and thc iirs! paragrnph of -a r t i c le 107 nrc conniiitted in a continucd act, and if the coIlcctive value of the loss on property enhanced by snid continuetl act aiiioiirits to niorc than twenty fivc Rtipiahs, the penal provisions of articlcs $G?, 372, 378 and 406 shall respectively apply.

._< -. . (1) In casc of conjrlnction of niorc acts whl :,c '~onsidircd :ts .. .'.."l,t J, , . . scparatc acts a.nd which forni morc crir~ics-'0: :,.!.~i~?i. ~ a , s f c punish- '? t: . c y r nicnts arc iniposcd, onc punishii~cnt shall t . . ..#c:ica. ,. , (2) Tlic niasiniutii of this guriishntcnt shnll bc thc collcctivc total of thc

maximum punishnicnts iniposed on thc acts, but not esceeding onc third bcyond thc most sevcl-c nrnximuni punishment.

Article 66.

(1) 1.- case of conjunction of more acts which must be colljidered as z . .::.h . ac t s and which form more c r i n e s on which dissimilar basic punishxents a r e imposed, each cf said punishments shall be pronounced, but altogether their t e rm shall not exceed the longest t?rm by n o r e than one third.

(3) Fines a re calculated in said cases according to the duration of the n~asirnum substitutive light imprisonment iniposed upon the act.

Article 67.

In case of a verdict to capital punishment or to life inlprisonnient no punishn~ents shall be imposed in addition to it, other than deprivation from certain rights, forfeiture of confiscated property and pub!ication of the judicial judgment.

Article GS. ....

(1) In cascs of articles 65 and GG in respect or' additional punishr.ie:lt thc following provision shall apply:

ls t , the punishments of deprivation of the same rights a r e dissolved into one punkhment , exceeding in term the basic punishment o r punishnlents imposed by a t least two and a t most five years, or in case no other basic p i~n ishn~cnt is in~posed than i i :~e, dissolvetl into one puliishir~ent the teriii of which is n l lcust two and a t most five years;

2i1cl-ly, thc pul~ishmcnts of deprivation of d i ss i~~i i l a r rights silall bc imposed f o r each crime separately n t ~ d wit l~out ~nitigation;

3rd-ly, the punish~nents of forfeiture of specific property, similar to the substitutive light iniprisonment in case of nondelivery of said property, shall be in~posed f o r each c r i n ~ e separately and without mitigation. -

J (2 ) The sulil totill of the punishments of substitutive light i:xprisonn~ent

niay not exceed the tern1 of eight months.

( I ) Thc relativc scvcrity of dissimilar basic pu l~ ishn~cnts shall bc dctcrnlit~cd by thc scqucl~cc of articlc 10.

( 2 ) i n eascs wlicrc thc judge has the option between wore basic p u n i i l ~ ~ : ~ c : ~ t s ,

.I, ,-%...- only tl:c niost sevcre a n ~ o n g said punish l~~cnts shall be takcn into consi-

,. . . --,-..-p . S dcration in nyking a con~p; i r i s~n . :-W ')(S) Thc rclativc scvcrity of s i ~ ~ i i l a r basic punishu~cnts shall bc dctcrlnincd

by thc n ~ a s i u ~ u n ~ punishnicnt.

(4 ) The rclntive term of bot!~ tlrc d i s i in~ i la r as \vcli a s thc s in~i ln r basic ~runishn~ents sh;~l l also be tlctermincd by thc r.tnxinruu~ pu~lis l~nicnt .

(1) In cases of conjunction in the rcanner referred to in articles 65 and 68, both of misdemeanours together with crimes 3 5 we41 a s of misdemeanours anlong themselves, punishment sha!l be in~posed on each nllsdemeaxvxs ni thout mitigation.

( I ) In case of misden~eanours, the punishments of light in~prisonnlent and substitntive light imprisonment together shall not exceed rEc tern1 of one year and four months, and those of substitutive light imprison men;^ together shall not exceed the tern1 of eight months.

Article 70 bis.

In respect of the application of articles 6.5, G6 and F0 the c r i~nes described in the articles 8033, f i r s t paragraph, 852, 864, 378, 879 ar.d 4S2 shall be considered a s misdei~leanours, on the understanding tha t a s f a r as inlprison- lllcnts a r e i l~~posed these inlprisonnlents for said crimes together shall not exceed the term of eight. months.

If a . person a f t e r sentencc to punishnlent is again foulld guilty of a crinle or misdemeanour conllllitted prior to said sentence, the earlier punish- nlent shall be taken into account, with application of the provisions of this chapter in the case of sin~ultnncous trial.

CH-APTER \'I1

Filing and withdrasval of coil~plaint in

crinles to bc pl.osecutcd only upon con~pl:til~t.

Article 72.

(1) A5 long a s the person irgainst who111 a crilnc has been co~illl~itted which 4 is to be prosecuted only upon complaint, has not reached the age of

sisteen years .ancl is also a nlil~or, or 3s long a s the pcrson otherwise than by reason of prodigality has bee11 placed ulldcr guardianship. the person authorized to file the conlplaint shall be his legal reprcsentaiive

. in private affairs.

( 2 ) If thc Icgal rclrrcsc~~tntivc is nlissing, o r if hc is thc pcrsori agninzt who111 thc c o m p l a i ~ ~ t lli~d to bc lilcrl, tllc ~rosccrltion 1lln.v t:~kc pliccc up011 coll~plaint of the CO-guarclial~ or CO-c~trator, o r of thc board charged with the CO-guardiar-<lr;- c:--nrntorship, of tlrc wife, o i a bloocl rclativc in thc dircct li- .:,c bscncc of this rclntivc, upoll co~~lpl:til~t of a

.. blood rclat: '1

.C s i J ~ - l i n c until and iucluilin_r the third degrce.

.Article 73.

If the pcrson against wl~oln thc c r i n ~ c has becn colnnlitted dics I\-i:hin ,

thc term prescribed i n thc following article, the prosecution may, without

extention o i said term, take place upon complaint of the p a r e n s , of :he children or of the s w i v i n g spouse, unless i t were evident h t the deceased did no: wish the prosecution to take place.

Ariicle 74.

(1) The conrplaint may only be filed within sis months af ter the pcrsou authorized to filc the conlplaint has knowledgc of thc colr~nritted act, if hc is domiciled within ~ndones ia , o r within nine months af ter he l ~ u s knowledge of it, if he is donriciled outside Indonesia.

(2) If a t the moment when the person against whom the c r i n ~ e has been corn- ~n i t t ed- is authorized to file the conrplaint, the tern1 reierrccl to in the f i r s t paragraph has not y e t expired, he shall be co~llpetent to file the con~plaint after tha t nlonlent only during such time a s the term reulains.

.Arti:le , is .

The person who files the colllplaint remains col~rpetent to withdraw tht: conrplaint during three nlonths af ter the filling date.

CHAPTER VIII

Lapse of the r ight to prosecute . and of the punishment. .. -.

Article , i G .

(1) Except for the cases where judicial verdicts a r e subject to revision, no person shall be prosecuted again by reason of a n act which tire verdi:t of a n Indonesian judge with ragect to hinl has become final. E g Indo- n e s i a ~ ~ ~ judge shall be understood also the judges of the .Adnt La\\- tri- bunals a t places where such tribunals exist.

(2) : I i the final verdict conles fro111 another judge, no proseclition shall S t ake place against thc saluc person by reasoil of the sanrc act in caic of

l s t , acquittal o r lapse of time f r o m prosecution: 2nd-lY;sentence followed by a complcted esecution, grilcc or lapse o i tilnc

f ronr punishnrent.

Articlc 77.

Thc right to prosecute shall lnpsc 1 . 1 ~ thc dcnth of thc accuscd.

.C " ' Xrticlc 78. ..:, c:' ,!;? :: : ..

. 1 ) Thc right to- prosccutc shnll lilpsc hy lapsc of t i - x . .,-c j. =:.!. a.. - t l s t , in oac ycnr for all nriidenlcanours and for thc critl~cs con~nlittcd

by Illcans of thc prcss: 2nd-l!-, in sis years f o r thc c r i n ~ e s upon which f i i~c , custoclg or il111)ri.-

s o n ~ ~ ~ c n t of not lllorc than three years is imposcd:

Srd-ly, in twelve years f o r all crimes upon which ren~porary inzprisoa- men' f o r more than three years is imposed;

4th-ly, in . .:rr- years for all crimes upon which capital punishnre~~t or life i.=.prisonn~ent is imposed.

( 2 ) I n respect of a person who before the commission of the act has not ' yet reached the age of eighteen years, each of the terms of lapse of

t i n ~ e nlcntioned above shall be mitigated by one third.

Article 79.

The term of lapse of time con?rnences on the next day af ter the day on which tha t act has .been comn~itted, except in the follon-ing cases:

l s t , in forgery or mutilation of coins the tern1 comnlrnces on the nest day af ter the day on which use has been made of the object with respect to which the forgery or n~utilation of coins has been conl- mitted;

2nd-ly, in the crimes described in articles 558, 329, 350 and 333 on :he nest day after the day of the rclaere, or of the death of the person against. whom the c r i n ~ e has been iml~~cdiatcly committed:

Ord-ly, in thc n~isden~eanours dcscribcd in the articles 356 up to and inclucling 55Sa. on the next day a f te r the day on which pursuant to the provisions of general regulations Inying down that registers of the registrar's office bc trnnsfered to the record-office of a judicial tribunal, the transfer of the registers from which the misdenreanour is evident, has taken place.

A~eticle SO.

( 1 ) Each act of y r o s e c u t i o ~ ~ i~l.rests the lnpsa of tinle, provided that the said nct is known to the accused or n ~ a d e known to him in the manner a s deterluined by general regi~lations.

(2) After t f ~ e a r res t a new tern1 df lapse of time sllall s tar t .

J Article 61.

The suspension -of a penal prosecution in case of a prejudicial dispute shall suspcnd the lapse of time.

I Article 85.

I (1) Thc right to prosccutc in cicsc of l ~ ~ i s d c ~ i ~ c a r l o u r s on which no other basic puuishmcnt is in~puscd thall fiuc, shall 1nl)sc by v o l ~ ~ n t a r y paylllcnt cf t!lc I ) I ~ ~ S ~ I ~ I U I I ~ of t t ~ c finc, ancl of tllc costs if proscci~tion Ilas a l r c a d ~ ti1kc11 plncc, bp aut l~orizat ion of the official dcsignatcd thcrcto by gcncrnl

; regulations within thc tcrm to bc dctcrn~incd by him.

i (2) If in addition to fine forfcitnrc is imposed, the objccts subjcctcd to e . ,the. forfeiturc sh:~Il also bc surrcc~dcrotI of thc vnluc a t which thcy a r c

1 esti~llntcd by t h e official rcfcrrcd to in thc f i r s t pa ra r raph , shall bc paid for. 1

i

i 97

: ;

(3) I n the eases where the p u n i s h n e ~ t is enhanced b e a u s e of recidivism, t h e enhancement shall also be applicable if the r ight to prosecute 03

account of a n earlier commission of the misdenieanour according to thc f i r s t and second paragraphs of this article has lapsed.

(1) The provisions of this article shall not be applicable to a minor who has' not yet reached the age of sixteen years before the ac t has been committed.

The r igh t to execution of the punishnlent shall lapse through the death of the convicted person.

Article 84.

(1) T h e right to execution of the punishnlent shall lapse through lapse of t h e .

(2) T h e tern1 of this lapse of time is i n cases of misdenleanours two years. in cases of crinlcs con!nlittcd;by nlcnns of the press five years, and in cases of other crinres one third in excess of the term of the lapse of time of the right to sentence prosecution. .

(3) I n no cased the tern1 of the lapse of tinlc shall be shorter than the duration of the imposed punishment. ... . .

(4) The r ight to the execution of the ci~pi tnl punishment shall not lapse.

Article 85.

(1) The tern1 of the Irtpsc of time shall comnrcnce to run from the next dity arfter the dny on which the judi:ii~l pronouncelllent n ~ a y be executed.

(2) I n case of cscape of it convict during the service of his punishnrent a new tcrln of lapse of tinlc commences to run from the next day af ter the day of escape. In care of revocation of a conditional reieasc a

d new tern1 of lapse of time comnlences to run i ro~lr thc nest day a i te r the d a y of the revocation.

(3) T'hc tern1 s h d l not run during the suspension of the esccution ordcred by general regulations, a s well a s during thc tinre when the convict, in case of another conviction, has been confined.

. . .. . - CHAPTER IS.. . . .

Se~lsc of sonrc csprcssions used in thc Codc.

JVhcrcvcr cr i~l ic is used in a gcncrnl o r n spccific scnsc complicity and a t t e m p t to said criulc shall bc ir~ciuded. as f n r ns thc contrary docs not . follow fro111 sonlc provision.

Article ST. - "Attempt to commit a n act" exist a s soon a s the inten:. of the perpetrator has revealed itself by a comniencen~ent of the periorm2:-.c: in the sense of article 53.

Article SS.

"Conspiracy" exists a s soon a s two or niore persons agree to comnric a crime. .

.article 68 bis. "Revolution" denotes the destruction or illegal alteration of the consti-

tutional fornr of government.

Article 69.

The commission of violence is identified with bringing a person in a s tate of unconsciousness o r helplessness. . . .

. . Article 90. "Serious physical injury" denote: illness o r injury which docs not leave

any prospect f o r a complete recovcry or through which danger of life exists; continuous inconrpetcnce for performing . . . . official and professional activities; loss of tlre use of a sense organ;

. - nrutilatiolr ; paralysis; disturban'ce of thc intel lectkl capnbilities which lasted f o r niore thirn

four weeks; removal o r death of the wonrb of a wonran.

Article 91.

(1) "Paternal authority" include the authority of the head of the family. (1) "Parents'! include the head .of . the family. .. (3) ,.Fathern also includts the person who exercises an authority similar to the

paternal one. (4) "Child" iacludes the person who is subject to an authority s in~i la r to the

pntcrnal one. .

. . .article 92.

( I ) "Officials" nlso include all thc who have been electccl in elections held by vir tue of general regulations, a s well a s all the persons wlio by other reason than by virtue of a n election nre nrembers of a l eg i s la t i~c body a governnrental body or a body of the peoples representativcs fcrnrcd by o r on'behalf of t h e Gov?rnnlerL; and fur ther all menrbers of a water- works and all heads' of C... : - '. . . -sian indigenous population and heads

.. of t h e foreign Asiatic Er . , ..7.10 cxercise legal authority. ' 5 ( P ) Officials and judges shaii ,1150 includc arbi t rators; judges also include

thc persons who excrcisc administrative legal power, a s also thc chair- nlen and members of the religious tribunals.

(3) All persons b e l d n g i n ~ to the nrrncd forces s t ~ a l l nlso bc considered officials.

Article 92 bis.

"Xerchant" denotes any person who exercise3 a business.

Article 93.

(1) ,,Skipperm is the master of a vesse1,or the person who, substitutes him.

(2) ,,Passengersw a r e all the persons on board the vessel except for the skipper,

(3) "Members of the crew of a vessel" a r e all the persons who a re on board the vessel as marine officers or ships's mates.

Article 94.

Repealed by nct 19.16 No. 1.

Article 95.

"Indonesian vessel" denotes a n y vessels which pursuant to genera! regulations concerning the certificates of registry and ship's passes in Indo- nesia must be provided with a certificate of registry and ship's passes or temporary substitutive permits. . . . .

Article 95 a.

(1) "lndoncsian aircraft" denotes any aircraf t registered in Indonesia.

(2) "Indonesian aircraft" includes any foreign aircraf t , chartered mitho~rt crew and put into. operation by an Indonesian airline company.

Article 95 b.

"In flight" denotes a n y tirue fronr the nron~ent when all external doors of the a i rc ra f t a re closed following embarkation until the n~onrent when any such door is opened f o r disembarkation. In the case of n forced landing the flight shall be considered to continue until the moment \\-hen conrpetent authorities tnkc over responsibility fo r the a i rc ra f t and f o r the property on board.

S Article 95 c.

"In service" denotes the period fronr tlrc beginning of the preflight prc- '

paration of the nircrntt by ground personnel o r by thc crew for a specific flight until twenty four hours a f t e r a n y landing.

Article 96. (11 ,,Enemyu includes insurgents. ,,Enemyw also includes t h e s ta te o r power

y i t h which a war is imminent.

,. . ,. , ,war" includes hostilities with scl:-governing regions, a s well a s civil . \var.

(2) ,.Time of war" includes thc time when w a r is imminent. ,,Tinre of war" is also snitl to exist a s soon as the mobilization of t h e a r m y 113s becn ordcrecl aucl a s lonr: a s the nrlny remains niobilized.

-Article 97.

,.Dayw denotes a period of twenty four hours, month a period of thir ty days.

Article 95.

,,Night" denotes the time beween sunset and sunrise.

Article 99. ,,Climbing in" includes the passing through a n existing opening in the

ground not intended a s a n entrance of through a deliberately dug up opening in the ground, s s well ns the stepping across ditches or danals servinz 2s enclosures.

Article 100.

,,False kegs" include 811 tools not destined to be used a s a tool to open the lock.

Article 101.

.,Cattlew denotes one-hoofed animals, ruminnnts and pigs.

Article 101 bis.

(1) ..Electric works" includc works serving to generate, conduct, t ransfer o r deliver electric labour and safeguarding, fastening, supporting and tvarli- ing works relating thereto.

( P ) ,.Electric works" do not include telegraph and telephone works.

Article 101.

Revoked pursuant to State Gazette 1910 No. 381.

Concluding provision.

Articlc 102.

S The provisions of the f i r s t eight Chapters of this Book shall also apply

to facts on which punishnic~rt is in~posed by othcr statutory provisinni, unless tlctcrminctl othcnvise by statute.

EOOK 11.

Crimes.

CHAPTER I Crimes against the sc-:rit-. ..' the State.

.Ar, '.2! '2 I

The at tempt undertaken with iniriii ro deprive the President or Vicc President of his life or his liberty o r to rc~ltlcr him unfit to zovern, shall bc punished by capital punishnrcnt o r lilc imprisnnnicnt o r a maximum i~npri- ~otlnrcnt of twenty ycnrs.

Article 10.5.

Repealed by Xct 116 So . 1.

Article 10G. TI.e at tempt undertaken with intent to bring tb.e territory of the s tate

~t.holly or partially under foreign domination or to separate part thereof, shall be punished by life imprisonment or s maximum imprisonment of twenty years.

Article 107.

(1) The at tempt undertaken with the intent to cause a revolution. shall lx punished by n nlaxin~um imprisonment of fifteen years.

(2) Lenders and originators of nn attempt referred to in the f i r s t paragraph shall be punished by life imprisonnient or a niaximum imprisonment of twenty years.

Article 103.

(1) Guilty of rebellion and punished by a nlaxirnun~ inlprisonment of fifteen years shal l be: ~ g t , the person who takcs up arms against the Government; "13-ly, the person who with the intent- to rebel against the Government,

rises with o r joins a band which take up a rms against the Go-

. .- vernment.

(2) Leaders and originators of a rcbcllion shall bc punished by lifc imprison- nient or a n i a x i n ~ u u ~ iniprisonment of twenty years.

Article 109. Revoked pursuant to State Gazette 19S0 KO. 31.

Article 110. (1) The conspiracy to oce of the crimes described in articles 104-103 shall

' bc punished by a niaximum imprisonnrent of six years. .S ( 2 ) The sanie punishnient shall, =;ply to,.the person who with the intent to

prcparc or facilitate one of the crinies described in articles 104 - 10.S: i t , tries to inducc others to conllliit thc crime, to cnusc others to

commit o r participate in tllc con~niissioli or' thc c r in~c , to fsci- li tatc ttlc c r i n ~ c o r to provide opportunity, nicans o r infornintion relating thereto; . .

2nd-ly, tries to provide himself or others with the opportunity, nieans or information f o r committing the crime;

3rd-ly, has in s torc objects of which he know tha t they a r e dr-.:-y,' f o r committing the crime;

4th-!g, makes plans ready or is in possession of plans fo r t h e ex. . . .:..'Lci!"r( 7

of the crime intended to be made known to other person; 5th-ly, t r ies to hinder, to obstruct o r to defeat a measure taken by

the Government to prevent o r to suppress the execution of t h e crime. . . .

(3) Thc objects rcfcrred to in the foregoin,- paragraph ucdcr ;rd-Iy niay bc forieited.

(4) S o t punishable shall be the :son from whom i: is e ~ d e n t that hi; intent is nierely aimed n t ...c ~ r e p a r z t i o n or iacili-a:ion of politicnl changes in the general sense.

(5) Lr' in cases mentioned under section (1) and ( I ) of this article, the crime really takes place, t h e punishntent. may be doubled.

Article 111. (1) Any person who colludes with either a foreign power or a king or a

community, with the intent to induce them to condsc: hostilities or to \\,age n war ngainst the s tate , to strengthen them in the intention n ~ a d e up thereto, thereby promising then1 assistance or assisting them in their preparations, shall be punished by a m a x i m . ~ n ~ imprisonlnent of fifteen years.

( 9 ) If the hostilities a re con~nlitted o; the war breaks out, either capital ~unishmeil t o r life imprisonltlent o r a n ~ a x i n ~ u n l inlprisonment of twenty years shall be imposed.

Article 111 bis.

( 1 ) By a nlaxintum in~prisonntent of six years shall be punished: let, any person who colludes with a person or body domiciled outside

Indonesia, with the intent to induce such a persoli o r body to provide aid in preparing, facilitating or causing a revolution, to strengthen such a person or body in the intention made up thereto, o r thereby proniising or providing assistance to such a person or body, o r to prepare, to f:lcilitntc or to b r i ~ ~ g about a revolution;

2nd-ly, any person who imports a n object capable of providing material nids in preparing, facilitating or causing a revolution, if he knows or has earnestly reasons to suspect that it is intended thereto;

3rd-ly, any person who is in possession of o r makes a s a subject of an agreement, a n article capable of providing material aid in prc-

d paring, facilitating o r causing a revolution, if hc knows or hno car~lcst ly rcason to suspect that it is intciltetl thereto nncl that said article o r a n y other article fo r which it has hecn substi- tuted, either has been inlported with said inicntion, o r hns bee11 intended thereto by or on behalf of n person or body donliciled outside Indonesia.

( 1 ) The atticles with wehich or ill respect of which the crimes described in the foregoing paragraph under 2nd-ly and 3rd-ly have been committed, nlay be forfeited.

Article 112. ;; A .::x.I who-deliberately either reveals o r informs or s~liuggles into

t h e hancla ui a foreign power, a king or 5 community, docunients, news or information concerning n case of which he knows that secrecy has been ordered by t11c interest of the s h t c , shall bc punishcd by capital punishment or life imprisonn~cnt o r n nlnximu~il i~iiprisonnicnt of scvcri ycnrs.

.ktic!e 113.

(1) Any person who having in his possession secret d e c u n ~ e ~ t s , maps, plans, drawings or objects relating to the defense or the external : E .:ity of Indonesia or having knowledge of the content of such secret docuillents o r of the form and the conlposition of such secret objecfs, deliberately wholly or partially either reveals said documents or objects, o r the content, the form or the composition thereof, or communicate them to others or smuggles them into the hands of others who a re not author- ized to take cognizance thereof, shall be punished by a mnxinium im?ri- sonment of four years.

( 2 ) If said :dacunlents o r objects which a r e in his possession or of which he h a s knowledge, a r e because of his profession, thc punishnierit mny be enhanced with one third.

Articla 114. Any person through whose negligence thc secret docunients or objects

referred to in article 113, with the custody or s torage of which he is in charge, their fo rm or their conlposition have been wholly or partially disclosed or have come into the possession o r cognizance of other persons \vho a re not authorized to have knowledge thereof, shall be punished by a n~aximum imprisonment of one year and six months o r a maximunl light imprisonment of one year o r a maximum fine of three hundred Rupinhs.

ArticIe 113. Any persou whu wholly o r ~ a r t i a l l y exanlines or takes cognizance of

secret documents of objects referred to in article 113, of which he kno\\.s or must reasonably suspect that they a r e not clcstined to be known by hinl, or makes o r causes to make copies o r abstrzcts i n whichever script or language. prints, portraits o r imitations 01. does no t hand the said docu~iients o r objects to a n official of the justice o r the police o r the local government if he obtains possession thereof, shall be punished by a n~axinlum imnrisonment of three years.

.Article 116. Q The conspiracy to commit the c r i n ~ e s described in article 113 and 115 shall

be punished by n -maximum imprisonnlcnt of one year.

Article 117. By a maximum irnprisonnlent of six months or a niaximunl fine of three

hundred Rupiahs shall be punished the person who \t-ithout being thereto authorized: l s t , deliberately enters into a n establisment of the army 01. navy or a

warship through another entrance t h 2 ~ t':r usual onc; 2nd-ly, deliberately cnters into a terrain wl~ic.: i... c:. on behalf of the President

'1 or by the Military Authority has beer, ... csiqnCteReZY'a military terrain. which the entrance is prohibited; i.. .

3rd-ly, dclibcrntcly products, collects, possesses, keeps, hidcs or trnnports n photographic picture, a drawing o r other data o r indications conccrninf n tcrrnin rrfrrl-rtl to unt1r.r 2nd-ly togcthcr with nll that is ill it.

Ry a maximum imprisonment of two years o r a maximum fine of s ix h- .. -er:? Rupiahs shall be punished the person who, without being authorized

thereto deliberately ?reduces, collects, possesses, keeps, hides o r tranporis a photographic picture, a survey, portrai t o r description or a drawing a s well a s other data or indications.concerning a mat te r of military interest.

By a maximum imprisonment of one year shall be punished:

l s t , any peison who takes in somebody, knowing or having reason to suspect that this person without being authorized thereto has the intention or at tempts to obtain knowledge of secret docun~ents o r objects referred to in article 113 o r to get himself acquinted with t h e position, the construction, the layout, the arrangement, the armament, t h e provision, the n ~ u n i t i o l ~ outfit or the strength of defense works or any other matter of military interest;

2nd-ly, any person who conceals objects of which i t is known to him or of which he must reasonably suspect t h a t they must in whatever manner be o f service a t the evecutiol~ of a n intention referred to under 1st.

Article 120.

If the conll~~ission of onc of thc c r i n ~ c s dcscribcd in articles 118, 115, 117, 118 and 119 is accoil~panicd with the ilsc of frsudulcnt means, such a s acception, disguise, the use of false nanies or capacities, as well as accon~paniecl with presentation or acceptance, holding out o r ~ r o n ~ i s e of gifts, benefits o r rewards in whatever forni o r by force or threat of force, the punishn~ents of deprivation of liberty niay be doubled.

Article 121.

d A n y person who deliberately conducts n negotiation with a foreign power, a king or a con~munity to which he has been assigned by thc Govern~nent, to thc detrilrient of the state, shall be punished by a maximum imprisonn~ent of t\velve years.

Article 122.

BY a n ~ a x i m u n ~ i l~~pr i sonment of seven ycrrrs shall be. punished:

l s t , a n y person who in case of a w a r in which Indonesia is not involved, deliberately perfor111 a n action on account of which the neutrality of

;.; the s tate is .endangered, or deliberately breaks a special regulation issued and announced bp the Government fo r maintaining thc neutrality;

2nd-ly, any person who in timc of w a r intcntionally breaks a regulation issued and announced by thc Govcrnment in the interest of the security of the stntc.

Article 113.

-4ny Indonesian subject who volu~:arily enters into m i l i t a y service w i t h a foreign power, knowing that i t is i:, war with Indonesia o r in the prospec: of a war with Indonesia, in the latter case if the w a r breaks 0":. shall bc punished by capital punishment or life imprisonment or a maximum imprison- ment of fifteen years.

Article 124.

( I ) Any person who in time of near intentionally render: assistnnce to the enemy . o r prejudices the s ta te against the enemy, shall be punished by a maximum inlnrisonment of fifteen years.

(P) Life imprisonment o r a maxin~um imprisonn~cnt o r twenty years shall be in~posed, if the principal: 13t, informs or surrenders a map, plan, drawing or description of

military works, o r any infornrntion concerning military nlove- nlents or plans;

2nd-ly, serve the enemy a s a spy or harbours a spy.

( 3 ) Capital punishment o r life inlprisonnlent o r a maximum imprisonment of twenty years shall be inlposed, if the principal:

Is t , betrays to the enemy, smuggles into the enemy's hands, destruc!~ or damages a n stronghold or post, which is reinforced or occu!)icd. R means of cornnrunication, a storehouse, 3 military provision, o r il military, naval o r a n n y chest o r any par t thereoi, obstructs, prevents or f rustrates a plan f o r inundation or another lr~ilitary plan devised or executed for defence or attack.

2nd-ly, causes o r facilitates a revolt, mutiny or desertion among the armed forces.

Article 125. The conspiracy to comnlit one of the crinles described in article 124 shall

be punisl~ed by a rllaxinlun~ ilrrprisonment of s ix years.

rl Article 126. By a nlaxi~nunl imprisonn:ent of sever1 ycnrs shall bc punishcd n:ry pcrsnrl

who il l t i n ~ c of war without intent to render assislance to the enemy or to prcjutlicc the s tntc against the enemy deliberately: Is t , harbours, conceals a spy of the encnly o r assists hinl in h ~ s escape: 2nd-Iy, instigates or furthers a desertion of a soldier in service of !he statc.

Article 197.

(1) The F*. . Ia time of war conlmits a fraudulent act in the delivery of r:. 1:sc of the navy or the a r m y shall be punished by capitnl

'1 pun :-! life imprisonment or a n~axinlutrr imprisonment of t w l r e years.

(9) By thc snnlc punishment shall be punished any pcrson who being in c)i:~rgc with t l ~ c supervision of thc tlelivcry of coods. intcntionnlly nllows Lhc rmudulcnt nct.

.Article 126.

(1) By conviction on account of one of the crimes described in articles 104, deprivation of the r ights mentioned in article 35 nos. 1 - 5 may be pro- nounced.

(2) By conviction on account of one of the crimes described in articles 106 - 10s. 110- 115, deprivation of the r ights mentioned in article 35 f i rs t to thirdly may be pronounced.

(3) Ey conviction on account of the crime described in article 127 the offender may be deprived of the exercise of the profession in which he has com- mitted the, crime, and of thc r ights mentioned'in article 25 f i r s t to fourthly, and publication of the judicial verdict nlay be ordered.

Article 129.

The punishn~ent i~llposed on the facts described in the articles 124 - 127 shall apply if one of the said fac t s is comrnittcd against or in respect of the allies of the s tate in a conlmon war.

CHAPTER I1

Crinles against the dignity of the President and Vice P r c s i d e ~ ~ t .

Article 130. Repealed by Act 1946 Xo. 1.

Article 131. Every iuctual assault against the person of the President or Vice President

which does not fall under a heavier penal provision shall be punished by a n~axinlul l~ i n ~ p r i s o n ~ ~ l e n t of eight years.

Articles 132 and 133. Rcl~eilled by Act 1946 No. 1.

4 Article 131.

Dclilcrate insult- ayninst the President or Vice Presitler~t shall be punished by n n ~ a s i n ~ u n ~ imprisonnlent of six years a n~axin lu~l l fine of three hundred Rupiahs.

Articles 1S.i and 136. Rcpcalcd by Act 1946 No. 1.

Article 136 bis. Dcliberatc i l~sul t in ;trticlc 134 also includcs t i .,: : r iL~d fill article

.;;Is, if this II;IS h e n - c o n l ~ ~ ~ i t t c d i l l thc abscr~cc of ~ . . ; r . j t cd .~gr . su~~, cithcr ii i public by acts or not in public but ill thc prcscncr. of nlorc than four persons, o r only in thc presence of a third party who is prcscnt notwithstar~ding his own will R I I ~ who takes offencc of it , by ccts a s wcll as by wortis or il l

writing.

Article 137.

(1) .ant: person who disseminates, demonstrates openly or puts up a mri tHg or .:-7.:: containing an i rsul t a-inst the President or Vice President n i l & i:,:in: to make the contents public or enhance the publicity thereof. shall be punished b y a maximum implisonment o i one yea7 and four months or a maximum fine of three huxdred Rupiahs.

( 2 ) If the offender commits the crinlc in his profession ar.d during the commission of the crime two years have not yet elapsed sinze an earlier conviction on account of a similar crime has become final. h e map k deprived of. the e x e r ~ i s e of said profossion.

Article 138. Repealed by Act 1946 S o . 1.

Article 139. (1) Repealed by Act 1946 KO. 1.

(2 ) By conviction on account of one of t h e crimes described in article 121. deprivation of the rights mentioned in article 35 f i r s t to fourthly may be pronounced.

(3) By conviction 011 account of one of the crinres described in article 134 deprivation of the r ights mentioned in article .35 f i r s t to thirdly nray be pronounced. 1 ..

CHAPTER I11 Crilrlcs ngnilrst friendly states and apaiust hea l s a ~ t d

rcpreseutatives of fricndly s:aCes.

Article 139a. The at tempt undertaken with intent to withdraw wholly o r partially

the territory or another a rea of a friendly s ta te from the severeignty oC the there established authority, shall bc punished by a nlaxinluni inlprisonment of fivc

d years.

Article ld9b. The at tempt undertaken with intent to destroy o r to ille,na!ly al ter the

established form of governlrleat of a frie..dly s tate o r another territory of a friendly state, s11a11 be punishcd by a nraxinrunl iniprisolrurent of four years.

Article 1 3 9 ~ .

Thc conspiracy to one of thc criules described in nrticles 13?i1 and L39b ., . . ,,-.shall be punished by. a nlasin!u,n~. .fn~prisonment of olic ycnr and six months.

.;j - . . Article 140.

(1) Thc :rttelnpt on the life or the liberty of a ruling king o r anottlcr hcntl of a friendly s tate shall be punished by ir mnximunl imprisonn~cnt of .

I fif teen ycars.

(2 1i the attempt on said lifc results in death or is undertaken wi:h prenle- ditation, a life imprisonment o r a maximum imprisonmezt of twenty years shall be imposed.

(3) If the ettempt on said life, undertaken --'::h prerr.edi:a:ioc, results in death, the capital punishment o r lifc imprisonment or a maxirnun? inrpri- sonment of twenty years shall bc imposed.

Article 141.

Each factual assault against the person of a ruling king or another head of a fricndly state, which does not fall under a more service penal provision,

be punished by a maximum irnprisonnlent of seven pears.

Article 142. Deliberate insult against r\ ruling king or another head of a friendly

s tate shall be punished by a msirnunr imprisonment of five years or a fine of three hundred Rupiahs.

Article 142a. .Any person who violates the n a t i o ~ ~ a l f lag of a fricndly s tate shall be

punishecl by a nraxinlunl imprisonment of four years or a lnasinlu~rl fine of three thousand Rupiahs.

Article 1-13. Inteniional insult against n representative of a foreign power to the

Indonesian Governnrent in his capacity, shall be punished by a masinrunr in~priso~rnrent of fivc pcilrs o r n nrnsi~rru~rr fine of three huntlrod Rupiilhs.

Article 144. (1 ) .Any person who disse~r~iniltes, oge:~ly t1cn1onstrr~ct.s or puts uc a wriii:rg

or portrait containing a n insult against a ruling king or another hsad of a friendly s ta te or against a represe~rtative of a foreign power to the Indonesian Government in his capacity, wiih intent to make thr. insulting content public or to enhance thc publicity tlr+reof, shall be punished by a nraxinru~~r imprisonnrent of nine months or a ~rraxinrunr fine of three hundretl Rupiahs.

( 1 ) It' the offender con~~rr i t s the crime in his profession and during the conr- mission of thc crimc, two years hare not yet clapsed sincc a n earlier conrictio~l on account of n s in~i la r c r i ~ r ~ c has beco~r~e final, he nray be deprived of the esercise o i saicl ~rrofcssion.

l

Xrticlc 145. ( I ) By co~~vict ion o r nccc- of the cri111c clcscribctl i l l articlc 140, dcprivation

of thc rights I ;.rticlc 3.5 f i rs t to fifthly nlay bc pronounced. i;1) Ry convict io~~ . g af thc c r i ~ r ~ c tlf:scribccl in articlc I:[, dcprivntior~ ! of the rights ~IL..LIC..~:, it1 articlc S5 first to fourt l~ly tn;ry I,c p r o ~ ~ o u ~ ~ c c d .

R). conviction on :~ccount of onc of thc c r in~cs dcscribctl in articlcs 133;~ 1395, 139c, 142 ant1 1-12, deprivation of the rights rne~rtioned in ar:icle 3.5 firs: to thirdly may be pror~ounced.

CHAPTZR IV Crinles concerning the pertornlance of

s tate duties and s ta te rights.

Article 146.

Any person who with violence or threat of violence disperses a meeting of the legislative body, govcrnnient body or peoples representative body formed by o r on behalf of the Government, o r iorces said bodies to adopt o r not t o adopt a decission, o r removes the chairman o r a member from said meeting, shall be punished by a n~axinium imprisonment of nine years.

Article 145.

Any person tvllo with violence o r threat of violellce intentionally obstructs the chairman or nleiilbcr of the legislative body, govcrnmeiit body or peoples rcprcscntative bocly fornied by or on behalf of the Gouernn~ent, to at tend the nleeting of said bodies or to fulfil his duty in said bodies frec and unimpeded, shall be punished by a m n x i n ~ u n ~ imprisonment of two years and eight nionths.

Article 14s.

Any person, who 011 the occasiou of a n election held by \virtue of a general regulation with violence o r threat of violence intentionally hinders somebody to ei%ise his franchise f ree and unimpeded, shall be punished by a m a x i n ~ u n ~ imprisonn~ent of one year and four months.

Article 149.

(1 ) Ally person who 011 the occasion of a n election held by virtue o i a general regulation by gif t o r pronlise bribes sonlebody either not to eser- cisc his franchise o r to exercisc i t in a certain manner, shall bc punished

. b y a ~ n a s i m u n ~ imprisonn~ent of ninc nloilths o r n nlaximun~ finc of thrcc hundrcd Rupinhs.

d ('2) The samc punishment shall apply to the elector who by gif t o r pro~iiise

nllott-s himself to be bribcd to esercise o r not exercise his nbovc ~ilentioncd rights.

Any pcrson who, on thc occnsio~l of :ui clcction hcld by virtuc of I! gc:~cral rcpulatiol~, com~iiits n fraudulcl~t nct by tvllich Ll~c votc o l :ill c!cctor lrccn~i~cs null and void or a pcrsoli other than thc orlc n iea i~ t by the elector i: d e s i ~ n a i e d , shall bc 1)~1iishcd by B niasi111~1n1 i i i ~ p r i s u n ~ i i c ~ ~ t of nine r: .'I:. : ; , : . : : ; c J . ~ i . c ... .,.

.)R i!' ->,1::5 "r -4rticlc 151.

Any pcrson who, illtclitionally giving hinisclf out for n ~ ~ o t h c r , h k c s part in a n clcction hcld by virtuc of n gcneral rc=ulatiotr. shall IIC punished by ? nlaxiiiiuni iniprisoniiicilt of onc year and four nionths.

Xrticle 152.

-Any person -%.'o, on the ocyasion of an el*ction held by v inue of a genera! regulation, de1ib':;-:ely ':-strates n voting t h a t has taken place or commits ,, fraudulent a c t which causes to thc voting another result than would hsvc k e a obtained through the votingpapers handed in legally or through thc lega:l? recorded votes, shall be punished by n nlaximum imprisonment of two p a r s .

Article 163.

(1) By conviction on account of the crime described in article 116, deprivation of the rigtits mentioned in articles 35 f i r s t to thirdly may be pronounced.

( p ) By co~lviction on account of one of the crimes described in articles 147- 152, deprivation of the r ights nlentioned in articles 53 thirdly may be pronounced.

CHAPTER V

Crilllcs against thc public urder.

Article 153 bis ancl 15s tcr.

Repealed by Act 1916 No. 1.

Article 154. The person who publicly gives espressiolr to feelings of hostility, hatred

or contenlpt against the Governnrent of I n d o ~ ~ e s i a , shall be pu~lishecl by a m a s i n ~ u i l ~ iniprisonirrent of seven years or n lllasinru~rr fine of three hundred Rupiahs.

Articlc 15da.

Any person who violatcs the Satiollal Flirg of thc Republic of I ~ ~ d o ~ ~ e s i a a ~ i d the coat of Arins of thc Republic of Indonesia, shall be punished by a

' ' lnaxinrunl ilnprisonnlcnt of four years or n nrnsinrunl finc of threc thousand Rupiahs.

Article 155.

(1) Any person who dissc~ititiatcs, oyeltly de l i~o~ts tmtcs o r puts up i t wl.itir~g whcrc fcclings of Iiostility, hatrcd or coniclirpt a c ~ i n s t thc G o v c r ~ ~ ~ ~ ~ c ~ r t of Indo~rcsia a r c cxprcssccl, with illtcllt to give publicity to thc contcllts or to cnhancc thc p~rblicity thereof, shall bc punished by :t nrasi~rrutrr

. . . impr i so~ln~cnt of four ycnrs and six months or n trli~sinlunl finc of thrcc .. hundrcd Rupiahs.

I ( 3 ) If the offcndcr colrlll~its thc crinic i l l his profession ntld during thc co~l l~~l i s s ion of the crinlc five ycnrs hnvc not yct clapsed sincc a n carlicr conviction on account of R siniiliir crinlc has beconlc final, he nlny be rclcnsecl from thc cxcrcisc of snicl profession.

Article 156.

The person who publicly gives expression to i+i ings of hostility, hatre< or contempt against one or more groups of the poi.dlla::on'of Indonesia, shall be punished by a n ~ a x i n ~ u n ~ imprisonment of four yerrs o r a maximum fin. of threc hundred Rupiahs.

Ey group in this and in the followin,rr article shall be understood each par! of the population of Indonesia that distingi~ishes itscli from one or more other parts of t h a t population by race, country of origin, religion, origin, descent, nationality or constitutional condition. .

. ,

Article 136a.

By a lilaxilnunl inlprisonn~ent of five years shall be punished any person who deliberately inpublic gives expression to feelings o r commits a n act. a. which frincipally hnve the character of being a t eniniity with, abusing or

staining rr religion, adhered to in Indonesia;

b. with the intention to prevent a person to adhere to a n y religion based on the belief of the allmighty God. ... ..

Article 157.

Any person who disseminated, openly demonstrates o r puts up a writirig o r portrait where feelings of hostility, hatred or contempt against o r among

.-:::-. groups of the population of Indonesia a r e expressed, with intent to give publicity to the contents o r to enhance the publicity thereof, shall be punished by a n ~ n x i n ~ u i i ~ imprisonnient of two years and six l i~onths or a n i a s i u ~ u n ~ fi112 of three hundred Rupit~hs.

Article 138.

Ally person who causes thc holding of at1 election in Indonesia of a i ~ i e ~ i ~ b e r of a political body iu a foreign country, or who prepares o r facilitates in Indonesia such a n election, which is to be held either in Indonesia or in a foreign country, shall be punished by n niasinlunl in~pr i sonn~ent of tx-o years ' or a maxiniuhl f inc of five hundred rupiahi .

Article 159.

.Ally person who .participates in an clcction, iilentioned in article 1.X. which is held e i t i ~ c r it1 Iudoi~esia o r . in a foreign country, shall Ire purlishcd 11y ;i niaximun~ i ~ ~ ~ p r i s o ~ i ~ ~ ~ c n t of s i s niontlw o r a maxin~urli f ine of onc hurrdrcti rul~inhs.

rticlc 160.

Any ~icrson who r iii writing ir~ci'tcs in public to conin~i: a punish- '? t itblc act, a violc~it action ; ~ , - a i ~ ~ s t thc cublic autliority o r any olhcr disobedience, cithcr to n statutory provision or to all official ordcr issitcd undcr a s tatutory provision, sliall be pur~ishcd by it n ~ a r i m u n i in~prisonmcnt of s i s ycars or ni:txiniuiii firic of threc hundred Rupiahs.

I Article 161.

) Any person who disseminates, openly denionstrates or puts up a uri:ing in which i.; iacited to commit a punishable act, a violent ac:ion s p i n s : the pnblic authority o r any other disobedience described in the fow-going article, with intent to give publicity to the inciting content or to enhance the publicity thereof, shall be punished by a maximum imprieonnitnt of four years o r a maxinium fine of three hundred Rupiahs.

(2) lf the offender commits the crime in his profession and d u r i : ~ ~ the commission of the crinle five years have not yet elapsed since all znrlier conviction .on account of a similar criiue has beconre final, he ~I:I,\ . be deprived of the perforniance of said profession.

Article 161 bis.

Repealed by Act 19-16 KO. 1.

Article 162.

Any person who in public orally or in writing offers to give infor~ilation opportunity or means for the comniission of n punishable act, shall be puiiished by a nlaximum imprisonment of nine months or. a maximum fine of three hundred Rupiahs.

Article 163.

(1 ) Any person who disseniin;ites, opcnly denionstratss or puts up a writing ill which is offered to provide inforniation, opportunity or nicnns for the coniriiission of n punishable act, with intent to give publicity to said offer o r to enhnncc the publicity thercof, shall be punished'by 3 ninsinluni iniprisonnient of four months and two u-eeks or a niaxiniuni firic of three hundred Rupiahs.

(2) 'If the offender co~ii~liits the crinle in his profession and during the commission of the crinie five years have not yet elapsed sillcc a n

4 earlier conviction on account of a siniilar crinre has beconre final, lie niay be deprived of the perforniance of saicl profession.

Article 16-2 bis.

(1) Any pcrson who hv onc t'nc litcans ~iicntioncd in article 55 u ~ ~ t l c r 2 attempts to inducc others to co~iiniit ii crinic, shall, i f i t tlucs not rcsult . in thc crinic o r 11 puliishnl~lc i i t t c ~ i ~ p t thcrcto, bc pu~ii~lir.tl by it li~asintuni i~iiprison~i~crit of six years o r a ~ i ias i~r iu~i i fine or thrcc hu~ldrcd Rupiahs, howevcr on thc understanding tha t liever n punishnll:ni shall be pronoiinccd niore acvcre than may be iniposed on nc;o:rr~; of .:n

;; . ..attempt to thc-crinic, or, if such attcnipt is not punishahir, 0:. aqg!!nt , ,

. . of thc crinic itsclf.

( I ) This provision shall not apply to hini if i t docs not result in thc crinic o r a punishablc at tempt thereto on account of circunistnnccs dc l~c~td inz on his will.

Any person havir.- kno*.Iedge of a conspiracy to one of the crimes des- c r i k d in articles 101 15, 107, 106, 113, 113, 124, 137 or 167 bis a t a moment when the comnlission o i said crimes may still be preveneed, deliberately omits to give timely adequate notice thereof either to the officers of the juiticc or police, o r to the threatened person, shall, if the crime was comniitted, punished by a nlaxinlurl~ imprisonnlent of one year and four nlonths o r a niaxinlun~ fine of three hundred R u ~ i a h s .

Article 163.

(1) . ~ n y person, having knowledge of a n intention to coniniir one of the cr in~es described in ar:icles 104, 106, 107, 108, 110-112, 113- 129 and 131, desertion in tinie of war , military treason, robbery on people o r rape, the one of the criiiies described in Chapter V11 of this .Act a s f a r a s danger of life is thereby caused, o r the coniiiiission of one of the crimes described in articlcs 261 and 273 a s f a r a s it concerns creditpaper destined for circulntion, a t a nioli~ent when the con~n~iss ion of thesc crinles may still be prcvented, intcntionaly neglects to givc timely adequatc notice thereof either to the officers of the justice or police, o r to thc threatened person, shall, if the c r i n ~ e was committed, be punishcd by n maximunl imprisonment of nine months o r n maxin~um fine of three hundred Rupiahs. #l.-

(2) The snnle punishment shall apply to any person who, having knowled,oe of an already comnlitted crime mentioned in the f i rs t paragraph whereby danger of life has arisen, intentionally neglects to give sinlilar notice thereof a t a nionlent when the consecluences niny still be averted.

Article 1GC.

The provisions of articles. l64 and 165 shnll not bc lipplicablc to any person who by giving the notice would endanger himself, one of his blood relatives or persons allied by niarriagc in thc s t raight linc o r in the secolld

S or third degree of t h e side-line, his spouse or ex-spouse, or another with mhosc prosecution he, owing t o his office o r profession, would bc ablc excuse hii11sclf front giving evidcncc, to be prosecuted.

Article 167.

(1 ) Any persoli who illegally forces his wily into thc d\vclliug o r thc c~icluacd rooni or grounds, used I)y anuthcr, o r staying thcrc ilIcgally docs iiot iilo\-c nyxy inlrnediatcly z t the dcniand of o r on bchalf of thc rightful clainiaiit, shall bc punished by n niasimuni iniprisoniiicnt of liinc ~iialiLlls o r a ninxiniuni fine c t t'?::c hurldrcd Rupinhs.

) ,Any pcrson h a s ' . . ~ ~ : c d a n cntrancc by ~iicnns of brcaki11,- or c l i t i ibi~~g ! ill, folsc keys, a falsc ordcr 01. e fnlsc constunic, or who, without prior

knowledge of thc rightful clainiant and having cntcrcd othcrwisc that1 by mistake, is found there by night. shnll be deenicd to have forced his way into it.

~f hc exprcsscs threats o r uscs nlcans capable. of intinlidation, hc shall b. punished by a n l u i m u m imprisonnlent of one year and four months. The punishments laid down in the f i r s t and third p a r a ~ r a p h map be

('I intensified by one third, if hvo or more uniced persons commit the crime.

Article 163.

.any person who illegally forces his way into a room destined for public (l) r e n i c e . or staying there illegally does not in~mediately move away a t

the demand of the authorized official, shall be punished by a maximunr imprisonn~ent of four nronths and two weeks or a maximum fine of three hundred Rdpiahs.

(-7) The person who hns forced an entrance by nreans of breaking or climbing in, false keys, a false order o r n false costume, or who, without prior knowledge of the authorized official and having entered otherwise than by mistake, is found there by night, shall be deenred to have forced his way into it.

(3) If he expresses threats o r makes use of nreans capable of intimidation, he shall be p~rnishecl by a maximum imprisonment of onc year and four months.

(4 ) The gunishnrents laid down in the f i r s t and third paragraph may be intensified by one third, if two or more united persons commit the crinre.

Article 169.

(1) Participatio~r in an association which has intent to conrn~it crimes or in another association prohibited by general regulations, shall be punished by n nrnxinrunr inrprisonnrent of six years.

(1 ) Participation in an association which has the intent to commit misde- meanours shall be punished by a nraxin~unl inrprisonnrent of nine nronths o r a nraxinrunr fine of three hundred Rupiahs.

(3) In'rcspect of the fou~rders or directors said punishments may be enhanced with one third.

Articlc 170.

( I ) Persons who with united forccs openly conrnlit violencc against persons or property, shall bc punished by a nrnsilrrunr i~r ip r i sonn~c~l t of five years and six months.

( P ) The offenders shall be punished: Is t , by n maxinrunr inrprisonnrent of seven years, if he intentio1:ally

destroys property o? of thc violence collrnritted by hinr results in a physical injury;

. . ... . .- 2nd-ly, by a ~rraxinru~lr inrpriss: : of nine years, i f said violencc resu1.t~. . "i in a serious physical i,.jury;

3rd-ly, by a maxinrunr inrprisonn~ent of twelvc years; if said violence results ill death.

( 2 ) Articlc R9 sltall irnt hc nl~plicnl~lc.

Article 171. Repealed bp -4ct 1946 No. 1.

The person who intentionally disturbs the public. tranquiliity by cries or signals of false alarm shall be punished bp a m a s i n ~ u m imprisonment of three weeks or a maximum fine of s ixty Rupiahs.

.Article 173. .Any person who by violence o r th rea t of violence hinders a lawful public

meeting shall be punished by a niaxin~urn inlprisorrment of one year.

Article 174. Any person who by causing disorder or making noise with deliberate

intent disturbs a lawful public meeting shall be punished by a maximum inlprisonnlent of three weeks o r R maximum fine of sixty Rupiahs.

Article 175. Any person who by violence of th rea t of violence obstructs e i t h e r a Iswfu!

public rel.igious meeting, o r a lawful reIigious cerenlony o r funeral ceremony, shall be punished by n mnxinlum inlprisonment of one year and four months.

ArticIe 176. Any pcrson who by causing disorder o r nlaking noise with deliberate

intent obstructs either n lawful oublic religious meeting, o r a lawful religious or funeral ceremony, shall be punished by a maximum imprisonment of one month and two weeks or a niasimum fine of hundred and twenty Rupiahs.

Article 177. By a nraximum imprisonment of four months and two weeks or a n:aximum

fine of one hundred and twenty Rupiahs shall be punished:

l s t , : any person who ridicules a minister of the religion in the lawfu! d obsevation of his sen-ice;

2nd-ly, any persor! who jeers a t objects dedicated to a divine \vorkship, where nnd when the exerciie of said \\-orship is lawful.

Article 1.78.

.any person who with deliberate in ten t obstructs or hinders the lawful entrance to a grave-yard o r the lawful conveyance of dead body to a gruve- yard, shall be punished by a maximum ' imprisonn~ent of one month and two weeks o r a maximun~ f ine of hundred and twenty Rupiahs.

Article 179. '1

Any person who with deliberate intent defaces a grave or with deliberate intent and illegally destroys o r damagcs a memorial constructcd a t a grnve- yard shall be punished by a maximunr imprisonment of one year and four ,

months.

Article 160.

Any person who with delibn-?te inten: and illegally digs up and t d e s away a corpse or removes or r :?S 3 dug up or removed corpse, shall be punished by a r n v c i n ~ u n ~ imprisonment of o:ic year and four months of a

fine of !hree hundred Ru-~iahs.

Article 161.

Any person who buries, hides, curries a\\-a>' o r removes a dead body, with intent to conceal the death or the birth, shall be punished by a n~aximunl inrprisonnlent of:nme months or a maximun~ fine of three hundred Rupinh;.

CHAPTER I'I Duelling.

Article 185.

Shall be punished by a maximum in~prisonnrent of nine months: 1. any ?erson who inciter another to give a challenge to a duel or n~akes

another to accept said challenge, if there upon a dual follo\vs; 5. any person who intentionally gives a challenge to a duel, i f the re upon

n duel follotvs.

Article 1S3. Shall bc punished by 11 nl;lsimun~ i ~ n p r i r o n n ~ t n t of s i s n~onths o r a alnsi.

Inum fine of three h u ~ ~ t l r e d rupiahs, any person who ]>ublicly or t ~ t thc presence of another, reproaches or holds up to ridicule a person for not having ~ i v e n a challenge to a duet or f o r having refused to accept said challenge.

Article 184.

(1) Any person who does not physically injure his adversary in a duel sha!l be punished by n nlaximunl imprisonn~ent of nine months.

(2) Any person who physically injures his adversary shall bc punished by a J ~i~axinruni imprisonment of one year and iour months.

(3) ..Any person who physically seriously injures his adversary shall be pgnish- cd by a n ~ a x i n ~ u n ~ i n ~ p r i s o n n ~ e ~ r t of four yezrs.

(4) Any person who kills his adversary shall bc punished by a n~aximurn imprisonnrent of seven years or if it has been ag-reed to f ight the duel to the death.

(5) The attempt to fight a dtret shall not be punished.

Article 18.5. ,. 1 2 3..j person \v110 kills or :.:caily injures his adversary in a duel t!% 7rsvisions on murder, homicid: ( : nraltren:nient shall apply: 1. if the conditions have not been prcriously arranged: 2. if the duel does not take place a t the presence of martual second; 3. if ' the perpetrator, intentionally ancl to the dc t r in~cnt of the adversary,

commits any nct of dcceit n r drvintrs f1.0111 t h r cnnditinns.

Article 186.

(1) The seconds and physicians who attend to a duel a r e not punishable.

( 2 ) The seconds shall be punished: 1. by a maximum imprisonmect of three years, if the conditions of the

duel have not been previously arranged or if they incite both parties to continue the duel;

2. by a maximum imprisonment o i four years if they intentionally and to the detriment of one or both parties, a r e guilty of a n y ac t of de:eit o r allow any act of deceit, or allow deviations f rom the conditions of the duel.

(3) The provisions on murder, holllicide or nlaltreatnlant apply to the second in a duel in which one of the parties has been killed o r has been physi- cally injured, if he intentionally and to the detriment of said party, has rendered oneself guilty of any a c t of deceit or has allowed any act of deceit o r has allowed to deviate from the conditions of the duel to the tletrin~cnt of the deeased or injured person.

CHAPTER V11

Crimes whereby the general security. of persons o r property is ,exodangered.

Article 187.

Any person who with deliberate intent se t s fire, causes an explosion or causes a flood, shall be punished:

l s t , by a maximum imprisonment of twelve years if thereby general danger t o property is fenred;

2nd-ly, by n maximum imprisonment of fifteen years if thereby danger of life f o r another is feared;

S 3rd-ly, by life imprisonment or a n~axinlum temporary inlprisonnlent of twenty years if thereby danger of life f o r another is fcnred and thc nc! results - in the death of someonc.

Article IS7 bis.

(1) The person who produces, receives, tries to procure, has in store, conceals, transports o r imports into Indonesia stuffs, objects o r tools of which he knows or reasonably must suspect t ha t they a r e intended or will occasionally be used cause an explosic? whereby danger of life or general danger to property is fears !, Gal: punished by a rnaximv.r, ,.:) imprisonment of sight years or : -imum light imprisonment s: onc .

"I year.

(2.) The defectiveness of the stuffs, objects o r tools referred to in the forc- going paragraph. in causing nn explosion nbovc describetl. shnll not exenlpt f r n n ~ linl~ility tn punishment.

-4rticle 137 ter. 'The conspiracy to one of the crimes described in articles 167 and 16;

7 . . shall be punished by a maxin~um imprisonment of iiva years.

Article ISS.

.Any person through whose faul t is caused fire, esplosion or flood s h ~ l l be punished by a n~aximum imprisonment of five years or a nizxiniunr light imprisonment of one year or a n~axin~unr fine of three hundred Rupiahz, if thereby common danger for property or danger of life for another person nrises or if the f a c t results in the death of a person.

Article 169. Any person who with deliberate intent nt the moment or in prospect of

a f i re unlawfully hides or makes useless tools o r means of f i re extinc:ion, or in n certain illallner hinders or obstructs the ex:inctioi~ of fire, shall be punished by a maxin~unl imprisonment of seven years.

I

Article 190. Any person who with deliberate intent a t the tin!e or in prospect of an

inundation unlaw-fully hides or n ~ a k e s useless dike n~aterials or tools defeats an attempt to repair dikes o r other water works, or thwarts the means employed to prevent or stop the flood, shell be pnnished by a maximum imprisonn~ent of seven years.

Article 191. Any person who with deliberate intent destroys, makes useless or damages

a work serving as a weir or drainage shall, if therefrom danger of flood is feared, shall be punished by a nlaxinlun~ imprisonment of seven years.

Article 191 bis. Any person who with deliberate intent destroys, damages or nlakes uselcss

an electrical work, cause disturbailce in the running or operation of such 4 work, or frustrates or hampers a safety or repair measure taken in respect

of such work, shall bc punished:

Ist, by a maxin~um iinprisonn~ent of nine nronths or a nrnxirrrullr fitrc or three hundred Rupiahs, if thereby hindrance or obstruction arises in the delivery of electric power for general use;

2nd-ly, by a maxinlum imprisonment o i seven years, if therefron~ comlllon danger for property is feared;

3rd-ly, by a maximui~l in~prisonnlent of nine years, i i thereby danger of life f - v another is feared;

. 4t.1- ',V: :!:: a maximum imprisonment of iifteen years, if therefron~ danger o i l ~ f e for another is feared and the fnct results in the death of a person.

I Article 131 ter. A n r pcrson through whosc fau l t an electrical work is dcstroycd, danraged

o r rendered useless, thc disturbance i r t t he runninc o r operation of such work .

is caused, or a safety o r repair measure taken iri rejpccc of such work is frustrated or obstructed, shall be punished:

Is t , by a nlaximum imprisonmer.: of fo'ur months and two we& or a n ~ a x i n ~ u n ~ light imprisonment of three nionthi or 3 n3xiniun1 fine of three hundred Rupiahs, if thereby hindrance or obstrcction in the delivery of electric power for general use or comnlon danger f o r pro. perty arises;

2nd-ly, by a niaximun~ inlprisonnient of nine months o r n n~axirnum light impri. sonnient of six months o r a maximum fine of three hundred Rupiahs, if thereby danger of life f o r another arises;

3rd-Iy, bp a'niaxiinuiii imprisonn~ent of a year and four months o r a maxin~uni l ight im~,risonnient of one year, if the fact results in thc death of a pcrson.

Article 192.

-any person who with deliberate intent destroys, renders useless or daiiiages a work serving f o r public traffic, blocks a public land- o r waterroad, o r frus- trates a safety measure takcn in respect of such work or of such road, shall

' . be punished: . . . Is t , by n niaximun~ iniprisonnlent of nine years, if therefrom danger for

the safety of thc trnffic is fcared;

2nd-ly, by a niaximuni i~nprisonment of fifteen years, if therefrom danger fo r the safety of the t raff ic is fenred and t h e ' f a c t results in the death of any person.

Article 193.

Any pcrson through whose f i i~ i l t a work serving for pilblic traffic is destroyed, rendered useless o r damaged, a public land- or waterroad is blocked, or a safety measure taken in respect of such work o r of such road is frustmted, shall. be punished:

Jst, by a maximum inlprisonnient of four months and two weeks or a maximun~ l ight in~prieonnient of three nionths o r a niasimum fine of three hundred- Rupiahs, if thereby thc trnffic bcconics u~isafc:

2nd-ly,' by a i-nasi~iiunl ili~prisolinie~it of n ycar and four laol~ths o r a ii~asiliii~lii l ight inipriso~iniclit of one year, i f thc fact rcsnlts in tlic tlcntli nf

any person. . .

Article 19-1.

(1) Any r.nr-- .;rho with deliberate inter.+ causes:. dangcr i o r thc pilllic tr.1 ..IIIS of a steam p, ;.:- :- , o$+q,yiechanieal niotive power

;i 0'. ..A- or tramway, shali l:.. n~i.;.sned by a niaximuni imprisonment of Iilieen years.

(2) I f th6 fac t results in the death o f ' a n y person, the ofiender shall be punished by life irnprisonnient'or a maximuni imprisonmcnt of twenty yenrs. . .

Article 19.5.

( L ) Any person through whose faul t danger f o r the public : rdf ic is caused by steam power or other nlecha~:::! motive power over a rril- or tramway shall be punished with a niasinllim inlprisonnlent of nine nlonths o r a maximum light imprisonment of six months o r a maximum iine of three hundred Rupiahs;

( 1 ) If the fact results in the death of any person, the ofiender shall be punished by a maximum imprisonnlent of one year and four months o r a maximum light imprisonment of one year.

.Article 106. Any person who with deliberate illtent destroys, damages, removes or

nloves awny a signal placed f o r the safety of the navigation, f rustrates its operation or places a wrong signal shnll be punished:

Ist, by a nlaximunl imprisonnient of twelve years, if therefrom danger fo r the safety of the navigation is fenred;

2nd-ly, by a maximum in~pr i sonn~ent of fifteen years, if therefrom danger f o r the safety of the navigation is feared nnd the fac t results in ?he sinking or stranding of a vessel; . .

3rd-!y, by life imprisonnlent or a maximum iillprisonment of twenty years, if therefrom danger fo r the safety of the navigation is feared and the fac t results in the death of any person.

Article 197. Any persons through \vl-hosc fau l t a signal placed for the safety of the

navigation is destroyed, damaged, taken sway or ren~oved or i t s operation is frustrated or n wrong signnl is placed, shall bc punished: lst , by a ninximum imprisonment of four months nncl two weeks or 3

nlaximum light imprisonnient of three months or nlzxiillun~ fine of three hundred Rupiahs, if thereby the navigation becomes unsafe;

2nd-ly,'by a n~aximum imprisonlllcnt of nine lllonths or :! mnxinlum light impri- sonment of six months o r a n~axirnulll fine of three hundred Rupiahs, if the fact results in the sinking or stranding of o vessel;

3rd-ly, by a xnaximum ii~lprisonlllcnt of one year and four 11101lths or a n~aximum light iillprisoi~illent of one year, if the fact results in the dcath of any person.

Article 198. Any person who with deliberate intent and unlawfully causes a vessel

to sink or stran,' -- destroys, renders useless or damages a vessel, shall be punished :

l f t l 1 . ximu mum imprisonment of fifteen years, if therefrom danger GC lire i o r another is feared;

Pnd-ly, by life imprisonment o r a maxinlunl imprisonment of twenty years, if thercfrom danger of life fo r another is feared and the fact results in thc death of any person.

Any person by whose negligence a vessel sinks or strands or is des:rc.--::. rendered useless or damaged, shai' be punished:

l s t , by a niaviniun~ in~prisonment of nine nlonths or a maximum l ight iniprisonrnent of s ix months o r a n~aximuni fine o i three hundred Rupiahs, if thareby danger of life fo r another arises;

2nd-ly, by a maximum imprisonment of one year and four nionths or a maxiniu~ii l ight iniprisonment of one yerr , if the i ac t results in the death. of any person.

Article "0.

Any person who with deliberate intent destroys or damages a building or a structure shall be punished:

l s t , by a niaxiniuni iniprisonnient of twelve years, if therefroni common dnnger i o r property is feared;

2nd-ly, by a maxiniuni iniprisoninent of fifteen years, if therefroni danger of life for another is feared;

3rd-ly, by life iniprisonment o r a niaxiniuni iniprisonnie~it of twenty years, if therefroni danger of life f o r another is feared and the fac t results in the death of any person.

Article 201.

Any person through whose fau l t a building or structure is destroyed or damaged shall be punished:

Ist, by a maxiniuiii iniprisoniiient of four nionths and two weeks or a maximum light imprisonment of three nionths or a masimuni f ine of three hundred Rupiahs, if thereby coninion dnnger for property arises:

2nd-ly, by n ninxi~nuni imprisonment of nine months o r a niaxiliiuni light iiiiprisonnient of s ix .months o r n niaxiniuni fine of three hundred Rgpiahs, if thereby danger of life fo r anothcr ariscs;

3rd-ly, by a niixiniuiii in ip i i so~in~ent of one s c a r and four nionths or a n~axiniuni light imprisohnient of one scar , if the fact result.. i:i the death of any person.

Article 202. ( i ) .Any person who puts any substance in a well, puiiip, spring or in a . .

drinking water establishmeirt to be used for g.: -?rat or coninion use gr !o b. used together with others, knowing that &cause of it thc

;i v.a~r.r becomes' harmful to life o r health, sh.111 be &r&hed by a niaximu~ri inipriso~inient of fifteen years.

( 9 ) If thc fact rcs l~ l t s ill the death of a person, the offcndcr shnll bc punished by lifc iniprisonmcnt or n ninxiniu~ii i~nprisonn~cnt nf t \ v c t l t ~ . years.

Article 503.

( l ) .Jr.. p e m n rhrough whose f a u l t a n y substance is put in a well, pump. :,:.:,g or in a drinking water establishment to be used for thc geneszi good or comnron use or to be used together wich others, by which the water beconles harndul to liie o r to health, shall be punished by a nlnximum inlprisonnlent of nine n ~ o n t h s o r a mnxinrunr light imprisonment of six .months o r a n ~ s x i n ~ u m fine of threc hundred Rupiahs.

('1) If the fact results in the death of n person, the oifender shall be punished with a maximum light in~pr i sonn~ent of one year.

Article 204.

(1) Any person who sells, offers for sale, delivers o r distributes goods, knott-ing thnt they a re harndrrl to life or to health and conceals said hnr~lrful nature, shall be punished by n nrusinrunr inrprison~r~cnt of fif- teen years.

(2) If the.fact results in the death of any person, thc offender shall be punished by life inlprisonment o r a nraxin~unl inrprison~rrent of twenty gears.

Article 105.

(1) Any pcrson through whose farrlt goods hnrnlful to life or to hcillth a rc sold, delivered or distributed without knowledge of the buyer or the person who acquires the goods of said harmful nature, shall be punished by a nraxinrunl inrprisonnrent of nine nronths or n nrasinrunr light in~pr i - sonnrent of six nronths or a mssinlunl firre of three hundred Rupinhs.

(5) If the fac t results in the death of any person, the offender shall be punished by n maxin~unl inrprisonlrrent of one yenr nnd four ~rronths 01.

n nlnxinrunr light inrprisonment of one ycnr. (S ) Thc goods nrny be confiscated.

Article 206. 3 ( l ) By conviction on account of a crinie described in this Chapter, thc

'offender may be deprived of the exercise of :he profession ill which hc has committed the crinre.

( 2 ) By convictiorl on account of one of the crinres described in articles 204 and 20.5, the judpc may order thc publication of his verdict.

CHAPTER VIII

Cr in~cs a g a i ~ ~ s t public nuthoricy.

. ,: I.'

;i Xrticlc 207. q . Any pcrsoll who with dcliberatc intent ili public, orally or ilr writi~rg,

insults a n authority or n 1)ublic body sct up in lt~donesia. shall bc punished by a a ~ a s i n ~ u n r itrrprison~~rent of onc ycar and s i s nlonl'ns or a rrraxinlulll ,

rinc of threc hundrcd Rupiahs.

Article 206.

(1) Any person who disseminates, openly d-.-nonszrates or puts up a w r i t i ~ g or portrait containing a n insult against a n ai.Ithority or public h d y set up in Indonesia with intent to give publici;:; to the insulting con:ent o r to enhance thc publicity thereof, shall be punished by a maximum iinprisonrncnt of foilr nionths o r a maximunl fine of three hundred Rupiahs.

(2) If thc offcnder cornnlits the crime in his profession arrd d u r i r . ~ the commission of the crime two years have not yet elansed since an earlier c3nviction of thc person on. account of a similar crime has beco~lle final, h e may be deprived of said profe--' aalon.

Article 209.

(1) By 'a m a x i n ~ u n ~ inlprisonment of two pears and eight nionths o r a niasi- nluili fine of three hundred Rupiahs shall be punished:

ls t , any pcrson gives a gift o r makes a promise to a n ofiicial with intent to move him to commit o r omit something in his sen-icc contrary to his duty;

'Incl-ly, any pcrson who givcs n gift to ail officiitl follo~vili,n o r in pur- suance of what this official has cornn~itted or on~it tcd in his service in contravention of his duty.

(2) Deprivation of thc r ights mentioned in article 35 nos. 1 - 4 nlay be pronounced.

Article 210.

(1) By n n ~ a x i n ~ u m in~pr i sonn~ent of scven years shall be punished:

Is t , any pcrsoil who givcs a gilt o r n ~ a k c s n pronlise to n judge with intent to cxcrcisc influence on t i ~ c decision on a case which has been submitted to his judgement:

2nd-ly, any person who gives a gift o r niakes a prolilise to a person \\-ho by' virtue of s ta tutory provisions has been designatad coun- sellor o r advisor to attend thc scssions of n court, wi;h in:eat to cxcrcise influence upon the ndvicc or opilli~li to bc brought out by him concerning i cnsc which has bcen subrnittcd to tl:e j:tdgcn~ent of thc court.

(2) If said =rift is givcn or proil~isc is made with intent to obtain n vcrdici ill n crin~inal cnsc, thc offeiidcr shall be punishcd by a i ~ l a x i i ~ ~ u a ~ in~pr i - sonilient of nine years.

(3) Dcprirntioi~ p : " , gh t s il~entiolred in article 3.5 f i r s t to fourthly nlny be pronou:.

'1 ... . . -4rticlc 211.

Any pcrson who by violcncc or thrcat of violclicc resists all official (U

pcrforili all official cscrcisc o r to onlit n lawful official cscrcisc sh:tll Ilr . pt~t~ishccl Iiy :I I I I : I S ~ I ~ I L I I I I ~ I I ~ I I I - ~ . S I I I ~ ~ I I C I I ~ O C r o ~ r yc:~r?i.

;Lrticle 212.

Any person who by v i o l r ~ c e threat of violence res i su an oiiicial acring in the lawful performance of his official duties, or persons who thereby aid him by virtue of statutory obligations or a t his request, shall. being gusty of rebelliousness, be punished by n n l a x i n ~ u n ~ in~pr i sonn~ent of one year =r.d four months or a nlaxinrurn fine of threc hundred rupinhs.

Article 213.

Coercion and the rebelliousness described in articles 211 and 212 shall be punished: . l s t , by a maxin~unl inlprijonn~ent of five years, if the c r i n ~ e o r the nccont-

panying assault 'and battery results in a physical injury:

2nd-ly, by a maximum imprisonment of eight years and six months, if it results in a serious physical injury;

Srd-ly, by a muxirnunl imprisonment of twelve years, if it results in death.

Article 214.

(1) Coercion and rebelliousncss described ill articles 2 1 and 912,. committed by two o r illore pcrsoics with unitet1 forces, shall be pu:~ishetl Ly 11

n~axinruni in~prisonlllent of seven years. . (S) The offender shall be punished:

ls t , by a n~axin~iini inlprisotlnletlt of eight years and s i s months ir' the cornnlitted crime or the nssault ancl battery thereby co111mi::ed by hint results in a physical injury;

2nd-ly, by a rnsxinlunl imprisonnlel~t of twelvc years, if it r esu l t s in a serious physicai injury;

3rd-ly, by a n ~ a x i n ~ u t u inlprisonnici~t of fifteen years. i i it rcsults in death.

Article 215.

With officials shall in respect of articles 211 - 214 be identified: l s t , the persons who by virtue of s ta tutory provision a r e continiiously or

.temporarily charged with a public officc; 2nd-Iy, the executives togethcr with the sworn in functionaries and servanis

of railway services ailcl of tm11i scrviccs fo r public traffic, whcrcby the tri~nsportntion tnkcs place by steatll power or orther nlechanical niotive power.

Xrticlc -316.

(1) The person who with deliberate illtent does not obey a conlntand o r a dcnland issued tir~dcr statutory provision by an offici-' r h a ~ e d wi:h thc cscrcisc of n supervision or by an official cF..lr- \ri\t!.;or declared

;I qualified fnl ;hc tracing o r csanlination of pulliz:.s.,ic facts, a ~ t d also thc pcrson who with dclibcrntc i i ~ t c i ~ t stops, obstruct or frustrates an act pcrfvrillcd by o i ~ c of said offici;~ls for the c x c c u t i o ~ ~ of :I statutory provision, shall bc nunishcd by a nrasimunl in1!1risonmcnt of lour luonths and two wecks o r ;I rllasitl~unl litlc of s i s hundrctl rupialls.

( 2 ) With. the official rder red to in :he firsc p a r t of the foregoing paragra3h shall t-e identified any person who is, by virtue of s a b ~ t o r y provision, conti:.. . .c i ly o r temporarily charged with a public office.

(3). If during the commission of the crime two years have CO: ye: elapsed since a n earlier conviction of the person iound guilry on account of a similar crime h a s become final, the sentences may be enhanced with one third.

Article 217.

The person who creates a sensation a t a trial or a t the place where a n official publicly is acting in the lawful performance of his official duties and tloes not illove away a f te r the order given by or on behalf of the competent nuthority, shall be punished by a nlasiniulll iniprisonmcnt of three wecks or a

'n~aximunl fine of hundred and twenty rupiahs.

Article 218.

The person who with deliberate intent on thc occasion of a streetcrowd does not inln~ediately nlovc away a f te r t h e third order given by or on behalf of t h e conlpetcnt authority shall, being guilty of participation in a riotous assembly, be punished by a niaxinlunl in~prisonnient of four months and two weeks or n nlaximum fine of six hundred rupia5s.

Article 219.

The person who unlawfully tears off, 111akcs illegible or damages an announcenlent put up in public on behalf of the competent authority o r by virtue of a statutory provision, with intent t o prevent o r obstruct the cogni- zancc thercof, shall bc punished by a n~axinlum i ~ ~ i p r i s o ~ ~ ~ n c t ~ t of onc 111onth.s o r a I ~ I ~ X ~ I I I L I I I I finc of t l ~ r e ? huntlrcd rupiilhs.

Article 2%.

Any person who gives notice or lodges a conlplaint t h a t a punishable i ac t has becn coinnlitted, knowing tha t it has not been comnlit:ed, shall be punishcd

d by a ~llaxinlunl i~llprisonment of one year and four n ~ o n t l ~ s .

Article 221. (1) By a n l a x i ~ l ~ u n ~ irl,prisonnient of nine months or n n ~ a s i n ~ u m finc o i

thrcc huntlrctl rupinhs shi111 bc p ~ ~ ~ i s h c t l :

l s t , the person who with deliberate intent hidcs son~cbody \v110 is . ... guilty o r is prosecuted on account of a crimc, or who aids hinl

... . in escaping front thc invcstigntion of o r a~iprchc:~sion by t i ~ c

. : . . officcrs of thc. justice o r 1)ulicc, or. I:: :,L!:;! pcrsolls whu by ii.. :: r i r tuc. of s ta t~ t tu ry provision a r c C Y I I ~ * ~ I : . ~ # I S ; ~ :or - tenlpori~rily

assigned policc du tics ;

2nd-ly, Ally pcrson who a f te r n c r i n ~ c has becn c o n ~ ~ i ~ i t t c d , with in!cnt to .:onccal i t o r to prevent or to obstruct its itrvestigotio~~ or pro- . sccution, destroys, rcnlovcs, hides c~bjccts u p - ~ c ~ which or with

which the c r i n ~ e has bee11 con:n~it:ed or o:her traces of the crime, or withdraws them from the examination either by the cf'icers of the justice or police o r b other persons who by virtue of s ta tutory provision a re continuously or teaporar i ly assigned police duties.

(2) The said provisions shall not be applicable to any person who periorni; thc acts mentioned therein in order to escapc or aver: dangcr of yro- secution'of o'ne of his blood relatives o r persons allied by marriage in the s t raight line o r in the second or third degree of the side-line of his spouse or ex-spouse.

-4rticle 129.

Any person who with ticliberate intent prevenis, obstructs or f rus t ra tes a judicial post-n~ortcm exn~nination shall be punished by a n ~ a x i n ~ u n ~ imprison- n ~ c n t of n ine months or a nlasimum fine of three hundred rupiahs.

Any person w h ~ with deliberate intent sets f ree a pcrson who by public authority or by virtue of a judicial vcrdict o r clccrcc h;~s bccn dcprivcd of his liberty or aids him in his escapc, shall be punished bp a rnaxin~um i n ~ p r i - solllnent of two years and eight months. .

Article 12:.

Any person who, stntutorily summoned a s n witness, a s an expert or a s a n interpreter, doliberntely disobcys n s tatutory duty which he has to iulfil a s such, shall be punished:

l s t , in criminal cases by n n~ns i l i lun~ imprisonn~ent of niue ntontl~s:

2nd-ly, in other cases by a n i a s i n ~ u n ~ i n ~ p r i s o n n ~ c ~ ~ t of six month.;.

Article 123. Any person, who with deliberate intent disobeys a lawiul con~niand to

produce a document which is alleged to be false or forged or which must ' servc as ,a con~parison with another doculllent which is allegecl to be false o r forgcd or of which the authcnticitp is denicd or not recognized, shall be punished: Is t , in c r in~ina l cases bp a n i a x i n ~ u n ~ i n ~ p r i s o n n ~ e ~ i t of nine months; 2nd-ly, in other cascs by a ~ ~ ~ a s i n ~ u n ~ in~prisonnicnt of s i s n~onths.

Any pcrson who, dcclarcd :- be in i r s t a te of bankruptcy or obvious i~~solvcncy, or a s thc spo~:-.-

- :~ lkrup t with \ v l ~ o n ~ hc is n~arriccl, ill cunt- . . S I I I ~ . I I ~ ~ ~ of goods, o r as :L:: ,: or c o ~ ~ ~ ~ ~ ~ i s s i o r ~ c r of o p;lrtncrsI~ip, conlpally.

.-"'<l$sociatiol~ or founditi.8 . h r c d bankrupt, statutorily sun~moi~ccl to give i~iforn~utions, cithcr with d c l i b c ~ l t c intcnt s tays away without valicl reasons, or .rcluscs to give thc desircd inforn~ations, o r with deliberate intent gi.:cs wrong infornlations, shall bc punishcd by a ~ l i a s i n i u n ~ inll)risonnlcnt of onc s c a r and four months.

Article 127. Any person who exercises a right, hnowinp tha t he is by judicial verdict

deprived thereof, shall be punished hy a maximum imprisonment of nine months or a maximum fine of six hundred rupiahs.

Article 21s.

Any person who with deliberitto iiltent wears distinguishing ~ i ia rks or pedornis an act bblonging to an office that he does not hold o r froni which he has been suspended, shall be punished by a maximum imprisonment of ttvo years .or R n ~ a x i n l u n ~ fine of three hundred rupiahs.

Article 3'29. An). person who with deliberate intent keeps a s ta te which is related

to o. rank or title tha t does not belong to him, shall be ~ u n i s h e d by a nisximun~ inipr iso~~ment of four months and two weeks or a niaxinium fine of three hundred rupiahs.

Article 230. Repealed by Act 1946 Xo.. l .

Articlc 231. (1) Any person who with deliberate intent withdraws a n article froiii the

seizure under s t a t u t o s provision or from a judicial sequestration, or hides ari nrticle, knowins that i t hns been withdrawn thcrefroni, shall be punished by- a n~nxin~un; iniprisonn~ent of four years.

(2) Bj. the saille sentence shnll be punished any person who with deliberate , intent destroys. dan!a,oes o r 'makes useless. a n article tha t has been

seized ,under s tatutory provision. (3) The care-taker who with deliberate intent c ~ m l n i t s o r allows one of

the acts, or aids the principal a s a n nccomplice, shall be punished by a l ~ i u x i i ~ l u n ~ inlprisonnient of f ive ycars.

(4) If one of the acts has been con~mitted as o. results of the negligence of the care-taker, this person shall be punished by a nlaxiniun~ light inlprisonrpet~t of one month or a n ~ a x i n ~ u m fine of hundred and twenty rupiahs. -

Article 13'2.

( I ) XIIS person who with tlcliberittc intcnt breaks, renlovcs o r daniages scels with \vliich articlcs by or on bchnlf of thc coilipctcnt public autho- rity a r e put under seal, or f rustrates in any other way thc closure effected by such seal, shall be punished by a n ~ a x i n ~ u m imprisonment of two years and eight months. , . v . .. .

(2) , The carc-takcr vvho H-ith flclibcratc intent. coi~iniits . .:o~v.s.:&&i~act '1 or aids the. principal a s an accomplice, shall be pun is:?^.:: by :n. n ~ a x i n ~ u m

inlprison~~icnt of four ycars. (3) If the act has bcc~i committed a s a rcsult of thc care-takcr's ncgligc~icc,

this person shall bc punished by ;I niasiniuni l i ~ h t iniprisonnicnt of n!lc nlo11Ll1 or n n1nxi:nu:n finc of Itur:cl~-cc1 nritl twct~ ty rnl?i;ths.

2nd-ly, any person who a t the request of another u.i:h deliberate i3ten: renders the other person unsuitable to fulfil said obligatiozs.

(?) in the Izi'sr case the act results in death, a i:.lxirnum .imprisonment of seven years shall be imposed.

Article 241.

By a ni;lxinlual inlprisonnicnt of three months or a nlasinluili fine of thrce hundred rupiahs shall be punished: ls t , repealed pursuant to State Gazette 19.35 Xo. S ;

2nd-ly, any $erson who in cases tha t a nay-bill is rcquired for the tralispor- tation of cattle, with deliberate inten: uses fo r the trnnsportatioll thereof a way-bill issued for another aninial. ns i i i t were issued for the anilllul tha t he carries.

CHAPTER IX

Perjury and false testimony.

Articic 2-12.

(1) Any person who in the cascs tha t a statutory provision den~auds n testinlony under oath or attaches legal consequences to it, orally o r in writing, personally o r by special proxy, with deliberate intent makes a fnlse testinlonp under oath, shnll be punished by a nli~xilliun~ imprison- ment of seven years.

(2) i f the false testimony under oath is nlnde ill n crin~itlal ci\sc detrin~e:rtal to the accused or siispect, the offcnder sh;lIl bc punishcvl by a ulasimual inlprisonment of nirie ye;\rs.

(3) With the oath shall be identified the proil~ise or a f f i r ~ l ~ a t i o ~ l which by .vir tue of general regulations is required or is made in lieu of the oath.

(-1) Deprivation of the r ights mentioned in article 35 f i rs t to fourthly m=:: a be pronounced.

Article 2:s. Repealed pursilarit to S ta te Gazette 1931 KO. 940 .

CHAPTER S

Counterfeit of coins :.xi currency- irnd bitlik uotcs.

' I Articlc 2-1.1. Any 1,crsotl ~ v h u co~l l t c r fc i t s or .fitlsilics coins or currctlcy or ba11k I I U ~ C S

with i n l c ~ ~ t to uttcr o r c n ~ s c to utter said coins o r currclicy- o r hitnli uotcs likc genuine and u~lIalsified ollcs, shall be ~ u ~ i i s h e d by it ntasilr~utr~ ilrrprisor~: r~rcnt of fifteett years.

-Article 243.

.any person who with deliberate intent utters as-genuine and unfals?ied '&l .. ., 3 .-t coins or currency- or bank notes which he has counterfeited or falsified hinl-

self, or o i which the f a l s e n ~ s or ialsificntion was knonx to him =hen he f received them, or has them in s tore or imports them into Indonesia +:h

intent to u t te r or to cause to ut ter them a s genuine and ~ n i a l s i f i ~ d , shall be :f rnt1ni;h.d by a maximum imprisonment of fifteen years.

-. . . Article 246.

Any person .who din~inished the value of coins with intent to utter or to ,-*use to ut ter them thus dinlinished in value, shall, being guilty of mutilation of coius, be punished by n nlnxinltln~ ' i ~ ~ ~ ! ~ r i s o n ~ ~ ~ e n t of twelve year;,.

Article 2-17.

.any person who with deliberate i n t e ~ ~ t ut ters a s unmutilated coins which he himself has mutilated o r of which the mutilation \\-as known to h i n ~

he received them, or has said coins in stpre or imports them into lnting coins o r f o r counterfeiting o r falsifying currency- or bank notes, shall be by a maximunl in~prison~nel l t of twelve years.

Article 2-18.

Repealed pursuant to S ta te Gazette 193s ??o. 393.

Article 319.

Any person who with deliberate intent utters false, falsified or mutilated coins or false of falsified currency- or bank notes, shnll, except f o r the pro- visions in articles 2.13 and 247, be punished by a maximum imprisonnlent of f o ~ i r months and two weeks or a rnnxirnun~ fine of three hundred rupiahs.

Article 250.

.S Any person who produces o r has in store materials o r instruments of which hc knows t h a t they a r c intended f o r counterfeiting, falsifying or muti- lating coins o r f o r counterfeiting o r fnls i fyi l~g currency- or bank notcs, sllall k 'pun ished by a n i n x i n ~ u n ~ imprisonillent of s i s years o r a n~aximunl f ine of three hundred rupiahs.

. .. Article 350 bis. By convictior~ on account of one of the c r in~es described in this chapter:

the false, falsified or mutilated coins, the false or falsified currency- r. . 5 ~ : % rlotes, thc; materials o r instruments, in- tk :~r nature intended f o r co~nterfrl . i ; i . .~, taliifying or mutilating coins o r ;or counterfeiting or falsifying currency- or t ank notes, a s f a r a s therewith t h e crinlc has been committed or they havc been the object of the crinlc, slrnll be confiscntccl, likewise if they do not . bclor~g to thc convicted person.

Any person who wifh 6 "Serate, intent and without S written pean i t of the Government has in stor, ..- imports into lndonesia silver slices o r plates, whether or not provided with a s tamp and suitable af ter beiz,o stamped, restampad or after a n y other processing, or to be taken for coins and which are obviously not intended to serve a s ornaments or a s commcnlorative medals, shall be punished by a maximunl in~prisonnlent of one year o r a maximum fine of ten thousand rupiahs.

Article 252. By conviciion on nccount of one of the crimes described in articles 244 - L37

deprivation of the r ights n~entioned in article 33 f i r s t to fourthly may be pronounced.

CHAPTER XI .. Forgery of seals nnd nlarks.

Article 253. Bp a n ~ a x i n ~ u i ~ ~ inlprisonlllent of seven p a r s shall be punishcd:

Ist, any person who forges or falsifies seals issued by the Indonesian government, o r if fo r the validity of these seals is required a signature, forges or falsifies this signature with intent to use o r to cause others to use said seals n genuine and unfalsified or as valid;

2nd-ly, any person who with similar intent produces such seals by illegally n~aking use of pcnuinc stamps.

Article 254. By n nra?cimun~ imprisonnlent of six years shall be punished:

l s t , any person who aff ises false s tate mark3 or statutorilp requircd master-signs o r falsifies genuine ones on gold or silver works with

: intent to usc o r to cause others to use said works a s if t h e thereon affixed marks o r signs were genuine and unfnlsified;

2nd-ly, the person who with similar intent affixes marks o r signs on works rcfcrred to by illegally n ~ a k i n g use of genuine stamps:

3rd-ly, any person who scts, adds or transfers gcnuinc s tate n ~ a r k s or statu- torily requircd master-signs in, to o r onto other gold or silver works t h a ~ ~ thasc to which they have been originally affiscd, with intcnt to usc or to cnusc others to use those works a s if thc niarks 01- signs pefcrrcd to had been origi~tally affixed thereto.

Article 255. ..y a a ~ a s i n l u n ~ in~pr i sonn~ent of four years shall be punished: , : X:!:.

. any *erson' who affixes false Indonesian gauge-marks o r l a l s i f k '' genuine ones on nrticles of which the gnupe is obligatory or wh'ich a rc a t the request of parties interested admitted to thc gaugc or re-gaugc, with intcnt to use o r to cause others to use said articles. a s if thc mnrks nffixcd thercon were g c n u i ~ ~ c nntl unfnlsifietl;

2nd-ly, any person who with sinlilar inrent affixes n ~ a r k s on anicles referred to by illegally nlabring use of genuine stamps;

3rd-ly, any person who sets, adds or t ransfers genuine Indonesian ga~~ie-mark . ; in, to o r onto other arr:cies than those to which they have been originally affised, with intent to use o r to cause others to use said ariicles a s if the marks referred to had beer? originally affised there:^.

Article 256.

By a niaximuni iniprisonnient of three years shall be punished: ls t , the person who falsely affixes other marks than those referred to

in articles 251 and 5 5 which by virtue of a statutory provision must o r may be affixed to articles o r their packing, o r falsifies genuine ones with intent to use or to cause others .to use said articles as if the niarks affixed thereto wcre genuine and unfalsified;

2nd-ly, any person who with similar intent nffises marks on articles referred to or their packing by .illegally nlaking rise of genuine stamps;

3rd-ly, ally person who uses genuinc nlnrks f o r articles o r their packing for which those marks a r e not meant, with intent to use or to cause others to use said articles a s if the marks reierred to were nieant therefor.

Article 257. Any person who with deliberate intent uses, sells, offers f o r sale, delivers,

has in store fo r sale or imports into Indonesia false, falsified or illegally produced seals, signs or marks, o r the articles to which they a re illegally attached, ns if those' seals, signs o r niarks were gexuirie and rlnfalsiiied and not illegally produced or illegally attached to the articles, shall be punished by the same sentences a s laid down in articles 1.53 - 956. according to the distinctions made in those articles.

. . Article 2.56.

( l ) The .person who falsifies measures, weights or weighing tools niter they have been provided with n gauge-mark, with intent to use or to cause others to use then1 a s genuinc and unfalsiiied, shall be punished by a nlaximunl inlprisonnlent of threc ycnrs.

(2 ) . By the sanie sentence shall Le punishcd any pcrson who with dclibcratc i~ i tcn t nlnkes use of falsified iueasurcs, weights or wcigl~iag tools ns if they were genuine and unfalsificcl. .

Articlc 2.59. (1) -4ny person who removes the reject-mark fro.11 a zauged article to which

i t has been affixed with intent to I I S C or 1 : cause others to usc thc ar?i;!o as if i t were not rejected, sf.:,: .;.-bed by a n ~ a s i m u u ~ in~pr i -

;. rd lwent of one year and four mc- t !?, ' Ey the same punishment shall bc punisned thc 'person who with delibcrnte

intent uses, sells, offers for sale, dclivers o r has in store for sale nn - . article from which thc reject-mark has l~ecn ren~oved a s if it were not

,

. .rejected. '

Article 260.

( l ) By a n~zxirnuru irnprisonoient of four years or a maximunl fine of the

hundred rupiahs shall be panished: l s t , any person who removes from s:arnps issued on behaE of the

Indonesian Governn~ent, which have already been used, the mark destined f o r making them unsuitable of fcr ther use, with intent to use or to cause others to use said s t n ~ p s as if they had not been used;

2nd-ly, any person who with similar intent renloves from stamps issued .on behalf of the Indonesian Government which have already been -used, the signature, the h s l l n ~ a r k or the indication of the moment of use which has bee11 affixed on or over those s t a n ~ p e .mde: a s tatutory provision.

( 2 ) By the sanle punishment shall be punished the person who deliberately uses, sells, offers f o r sale, delivers, has in store fo r sale o r i m ~ o r t s into Indonesia s tamps from which has been removed said mark, signature, hallmark o r indication as if they had not been used.

Article 260 bis.

The provisions of articles 25S, 256, 85'7 and 260 shall according to the distinctions made therein also be applicable, if the acts described in said articles a re c o n ~ n ~ i t t e d in respect of s tamos or marks in use with the postal services of Indonesia or in a foreign state.

If, however, one of said crimes is committcd in respect of s tamps or marks in use with the postal services of a foreign state, the maximum of the basic punishment of the crime shall bc mitigated by one third.

. Article 861. (1) Any person who has in store materials o r illstruments of which he knows

that they a r e intended to commit a crime described in article 253 o r ill : article 260 bis in contlection with article 233, shall be punished by n

mavinlun~ inlprisonn~ent of nine months or a n ~ a s i m u m fine of three hundred rupiahs.

( 2 ) The nlntcrials and instrunients shall bc forfeited.

Article 262.

E y conviction on account of one of the crimes described in article 253 - 260 bis, deprivation of the rights mentioned in article 3.5 f i rs t to fourthly may bc prononnced.

CHAPTEE.. XI1 .- ... Fcr,tc.::. :..! 17:tings. .

( 1 ) Any person who forges or falsities a writing from which a titlc, a contract or a release f r o m dcbt nlny arise, or which is intended to servc us evidence of a fact, with intent to usc or to causc othcrs to use i t a s

genuine and unfalsified, sh11, if f rom said usc n=y resul: an injury, being guilty of forgery of writing, be punished by a rnaxizum impri- sonment of six years.

(2) BY the sanlc punishnletli shall L. punished the perso:l who with delileratc intent makes use of the false o r falsified n-ritir.3 a s if i: were xenuine and unfalsified, if f rom said use may result an in$=.

Article 264.

(1) Any person guilty of forgery of writing shall be punished by a masinlunl imprisonnlent of eight years, i i it is committed: l s t , in authentic. deeds; 2 n d - l ~ , in debentures o r certificates of debts of a sia:e o r part thereof

o r of a public institution; 3rd-ly, in shares o r debentures or share certificates or debt certificates

of an association, foundation, partnership or company; 4th-ly, in counterfoils, dividend- or interest evidences belollging to one

of the documents described under both or the foregoing numbers, or in evidence issued in substitution f o r these documents;

5th-ly, in credit or con~n~erc ia l papers intended for circulation. (2) By the same punishn~ent shall be punished any person who with deliberate

.- intent makes use of a false o r falsified writing mentioned in the f i r s t paragraph a s if i t were genuine and unfalsified, if f rom said use a n injury may result.

Article 265. Repealed pursuant to State Gazette 1926 No. 359.

Article 266.

( l ) Any person who causes to insert n false statenlent in an authentid deed concerning a fact, the t ru th of which the deed ~ n u s t give proof, with intent to use or to cause others to use said deed a s if his statement were in accordance with the truth, shall, if iron1 said use an injury may result, be punished by a maximum in~pr i sonn~cnt of seven years.

J (2) By the same punishment shall be punished any person who with deliberate

intent m ~ k e s use of the deed a s if the contents weyc in accordancc with the t ruth, if from said rlse an injury may rcsult.

Article 267.

(1) The physician who with deliberate intent issues a ' false written certifi- cate a s to whether or not illness, weakness, or infirmity exists o r has existed, sha'. be punished by a maximum imprisonment of four years.

(3 If tl.: C?IL;-:.: t c is made with intent to cause a person to be a d m i t t 4 .. to pr 1 :tiiheld from a lunatic asylum, a maximum imprisonment . I

' I eigh. years and six months shall be imposed.

(3 ) By the same punishment shall be punished nny person who with deliberate intent makes use of the false certificate a s if the contents were i n accortlnncc with the trutll.

Article 263.

(1) Any person who forges or falsifies a e t t e n medical certificate concernioX whether or no: illness. ..,+.akness o r infirmity exists or has e:<isted with intent to deceive the pablic authority o r insurance conlpany, shall be punished by a m a ~ i n i u n i iniprisonn~ent of four years.

('1) Ey the same punishment shall be punished any person who n i t h similar intent makes use of the false or falsified certificate a s if it were genuine and unfalsified.

. - Article 269.

(1) Any ' person who forges or falsifies a certificate of good behaviour, capibility, poverty, infirmity or other circufi~stances, with intent to use or to cause others to use i t f o r the acquisition of an en~ployn~en: of f o r arousing benevolence and assistance, shall be pul~ished by a maximum imprisonment of one year and four months.

( 1 ) By the same sentence shall be punished any person who with deliberate intent makes use of n . fa l se o r falsified certificate mentioned in the f i r s t paragraph.

.+rticle 270.

(1) Any person who forges of fnlsifies a travel perluit o r a w i r i n g that substitutes a travel permit, a safety card, a travel ordcr o r a witin: issued according to the s t a t , ~ ~ t o r y provisions or1 the adn~ission and residence of foreigners in Indo~iesia, o r who causes to issue such a document on a false name or Chritirn name, or with indicatio:~ of a false capacity, with intent to use or to cause others to use it a s if i t were genuine and unfalsified or a s if the contents were in accordance with the truth, shall be punished by a maxin~ulu imprisonment of two years nncl ei.:h: months.

(3) By the same punishn~ent shall be pullished any perso:l who tvith'deliberate intent makes use of a false o r falsified docunient nlentioned in the

: f i rs t paragraph a s if it were genuine nqd uninlsiiied or a s if the cnntcnts \\-ere in accordance with the truth.

Article 2'71.

- ( 1 ) Any pcrson who forges or falsifics a way-bill fo r buiialoes and CO\cS.

or who causes to issue such a document on a falsc name or Christian name, o r with indicntior. of a false capacity, with intent to cse o r to cause othcrs to use it a s if it were genuine and unfalsified or a s i f the contents were in accordance with the t ruth, shall be punished by a nlasi- mum in~prisonment of two years and eig>t months.

(2 ) By the same punishment shall be puaIs!-.c! any pepson who deliberately makes use-of a false o r falsified i .~?iu:~tnt ,n~cnt ioned in the f i rs t Pars-

'1 ~ m p h a s if i t wcrc icnuinc and iln';:lsifiecl'or ;?S if the content were i n accordance with the truth.

Articles 272 and 273. Repealed pursuant to S ta tc Ciaxette 1916 Xo. 259.

Article 274. Any pcrson who forpes c.f falsifies a u-rirten certificate Lj. a n oCZicial

( l) ivho exercises legal authority concerning the oanership o i or conct::.lr;,. mother title to a property with i ~ t e n t to iaci l i t l tc the alienation or pledging thereof or to deceive officials of the justice or police with respect to its origin, shall be punished b:; a niaximuni i~nprisonnlent of two years.

( P ) By the same punishment shall be pnnished any person who with similar intent makes use of the false o r falsified declaration a s if it were genuine and unfalsified.

Article 2.73.

(1) Any person who has in store materials or instruments of which he knows tha t they are intended for the commission of a crime described i!i articlc 2G4 secondly to fifthly, shall be punished by a masirnun~ irnprisonn~ent of nine months or a maximum fine of three hundred rupiahs.

('I) The materials and instruments shall be forfeited.

.Article 276.

By conviction on account of one of the crimes described in articles P63 - 868 deprivation of the rights mentioned in articlc 35 f i rs t to fourthly nlay be pronounced.

CHAPTER S111 Crimes against the civil s ta tus of persons.

Article 255. (1) .Any person who by a n act with deliberate intent obscures the descent

of another person, shall, being guilty of obscuration of state, be punished by a maximum imprisonment of six years.

(2) Deprivation of the rights mentioned in article 35 f i r s t to fourthly may 3 be pronounced.

-4rticlc 27s. Any person who acknowledges a child who111 he knows tha t he is not

i ts father, a s his child according to the provisions of the Civil Code, shall, being guilty of false acknowledgnient, be punished by a maxinion~ impri- sonment of three years.

Article 279.

By a maximum imprisonment of five yea:> shall be punished: l s t , any person who enters into marriag? knowing tha t his existing

marriage or marriages present a legal barrier against i t ; 2nd-ly, any person who cnters into marriage, knowing that the existing

marriage o r marriages of the counterpart present a legal barrier ,

arrainst it.

.;ii - (3) If the pcrson who is guilty of the fac t descri'wd under Ist, has concealed .:i;

to the counterpart tha t his existing marriage or marriages present a $ legal barrier against it , he shall b.? punished by a maxin:urn imprisonnieRt :

of seven years.

(3) Deprivation of the rights mentioned in article 3.5 firs:, to fifthly may . . be pronounced.

-4rticle 250.

Any person who enters into n~ar r iagz , with deliberate intent c s n ~ e a l i n ~ to the counterpart t h a t a legal barrier esis ts against it , shall, if on the ground nf said bairier the nullity of said marr iage has been pronouzced, be pnnishcd by n mnxiinum inlprisonnient of i ive years.

CHAPTER XIV

Crimes againts decency.

Articlc 181.

. ' ~i h m'aximurn inip;isonrneht of t&o years.nn'd eight nionths'di d nlaxililuni .. . . fine of three thousand rupinhs shall be punishid: '

l s t , any person who with deliberate intent publicly offends against decency;

2nd-Iy, the person who with deliberate intent offends against decency whereby another person is present in spite of hiniself.

Article 282. (1) Any person who either disse~riinates, openly denionstrates or puts u?

a writing of which he kriows the contenc or a portrait or object known to him to be offensive against decency, o r produces, imports, conveys in transit, esports or has in store, o r opcnly or by disseniinntion of a

: writing, unrequestedly offers or i~idicates t h a t said w r i t i ~ ~ g , portmit or object is procurable, in order tha t i t be disscniinntecl,. opcl~ly denion- strated or pu t up, shall he punished by a niaxin~u!ii iniprisonmetrt of one yenr arid tour nionths o r a ~iinximuni fine of threc thousnnd ri~piz~hs.

(2) Any person who disseniinatcs, openly denionstrntcs o r pu:s up a \ v r i ~ i ~ i g , a portrait o r an object offensive to clecency, or produces i ~ r ~ p o r t s , convcys ill transit , exports or has in store, o r openly or by tlissenlination of a writing unrequestedly offers or indicates t h a t said writing, portrait or object is proc*.irable, in order that i t be disseminated, openly denionstra:ed or pu+ "- - ' if he has serious rcasons f o r suspecting tha t thc writing. PO. :t is offcnsivc to decency, shall be punislicd by a niaxiniun;

'I im a t of nine nionths o r a maximum tine of three thousand riipiatz

' (3) I t the offender n ~ a k e ~ i n occupation or a habit of the commission of the

crinie described in thc f i r s t paragraph, a maxinium imprisonment of two years and eight nronths o r a maximum f ine of f ive thousand rapiiths nmy bc imposed.

.Article 2S9.

(1) By a maximum imprisonment of nine m o ~ ~ t h s or a masirnun i ine of six hundred rupiahs shall be punished any peEon who oifers, hands ore r pennaaently or temporarily, hands to or shows t a a minor of whon~ he knows or reasonably must sr;spect that it has not yet rezched the age of seventeen years, cither n writing, a portrnit or an artic!c offl'ensi\-c against decency, or a nleans to prc\.ent or a means to curb the pregnnncy. if the contents of the writing, or i i the portrait , the article o i the means are known to him.

(4) By the saple punishnient shall be puciished the person X\-ho in the prcsencc of ,a miner a s referred to in the foregoing paragraph, reads out the contents of a writing offensive against decency, if this is known to hini.

(3) ay a ninsiniulil iiiiprisonincnt of four months or n n1asiliiulii light i~llpri- sonnient of threc months o r a nlasinlurn fine of s i s hundrcd rapiahs shnll bc p~tnishcd any person who offcrs, hands over pern~anenkly or ' :e~l~l~ornrily, hands to or shows to a niiilor a s refcrrcd to in the f i r s t paragraph either

.. a writing, a portrait or a n articlc offensive against decency, or a means to prevent or n nicans to curb the pregr.ancy, or reads out tile contents of a writing offensive against dcccncy in thc prescncc of a niinor as rcfcrrcd to in thc f i r s t paragrnph, if hc has scrious rcasons to suspcct tha t the writing, the portrait or the article is 'offensive against decency or t h a t the means is a means to prevent or to curb p r e g a n c y .

Article 2S3 bis. U the oflender coliiniits .one of the crinles described in articles .'S.' and

.'S3 in his profession and during thc conliliission o i the crinle two years have not yet elapsed since an enrlicr conviction on account of one of the cri~iies h i s beco~iie final, he niay be deprived of the c x e r c i ~ e of said yroicssion.

(1) By R masinlunl irnprisonirient of nine iltonths shall be pu;:ished: I. a. any married man who k:io\ving that article 27 of the Civil Ccdc

is applicable to hini, commits adultcry; b. any married \vonir?n \vho co~il~i i i is adulcerj;

'1. a. any liinn \v110 takes a tlircct part in :hc act k~~owin;. that the guilty CO-pirrt~lcr is ninrricd;

b. iiny ulininrrictl wolilan who takcs a dircc; par t i l l thc act k:lt,\vitlg that thc guilty CO-partner is ninrricd and that articlc 27 of thc Civil Code is applicablc to hini.

( 2 ) S o prosecution shnil bc institucd unicss by con~idain: sf the insultcd spousc, follo\veil. i f to the spousc m-ticlc 27 of t!! . Ci.:i; ' Codc ;ippli-

, cablc, \\-ithi: the t'iiiic of thrcc ~ i ~ o n t h s by a L.:..l;~:rd for ilivorcc or ! scvcriincc frorli board 311d 11cd 011 tlic groui~d of thc saiiic act.

( 3 ) l11 rcspcct of this co~ripliiint articlcs 5 2 , 53 and 75 sh i~ l l !lot bc nppli:ablc.

(-1) Thc cunlplaint inay bc withdrawn ns lorr: a s the jutlicinl inve~t i~n t io l r . has lrot c~~nintenced.

i j ) Lf articla 27 of the C i ~ i l Code is applicable to the spouse, tbr: co=plaint sha" ..at be complied with as long as the marriage has not been severe,! by or the verdict wherebl: severance from bonrcl nnd bed has beei, pronounced, has not become fillal.

Article 285. Any person who by using force o r threat of forcc forces ;I wulllan :U

sexual intercourse with him out of marriage, :hall, being guilty of rape, be punished by a maximum imprisonment of twelvc years.

Article 266.

Any perso11 who ou t of marriage has carnal knoc-!edge of a wolrlan of whuni he knows tha t she is ?~nconcio.;s or helplass, shall t e punishcd by 1

n ~ a x i n ~ u n ~ in~prisonment of nine years.

Article ?K. ( l ) Any perso11 who out of marriage has carnal knowledge of a woman

whom he knows or reasonably should presume tha t she has not yet rcachcd thc ngc of fifteen years or, if i t is 11ot obviorls f rom hcr age, that s l ~ c is not yct n~arriageable, shall be punislicd by a r n a s i n ~ u l l ~ imprison~l~cnt of nine years.

(2) X prosecution shall be instituted only by conlplaint, ilnless the woman has not yet reached the ape of tivclve years or one of the cases of nrticles 291 and 294 is present.

Article 26s.

(L) Xtiy persot1 who ill marriage has carnal ktiov:!cd;.c of ;L tv0111il1i o i whom hc knows or reasonable should presunlc that shc is liot yet ~r~nrrlilgeublc, shall, if the act results in bodily irarni, bc panisheci bp i~ i ~ ~ a x i m u n l i n ~ p r i - sonment of four years.

(2) If the act results in serious physical injury a n:nxiluunl in~pr i sonn~ent of eight ycnrs shall be in~posed.

4 (3) If the ack results in death, a n1axi111ui11 i n ~ p r i s o n i ~ ~ e n t of twelve years shall be imppsed.

.111y person who by using force or threat of force forces sollleonc to colun~it or tolcratc obsccllc acts, shall, I c i l ~ g g~i i l ty of factunl ; ~ s a l . ~ l t of the chastity, be punished by a n~aximum in~priso:~n~en: of r ~ i l ~ c ycars.

Article 290. t ' - ' Bp n n~;isinlunl i n ~ p r i s o l ~ n ~ c n t of scvcn yc;rrs : : ; L : ' Li. pupishcd: ; ) ~ s t , ally pcrsoli who conln~its obscene acts l\;+:, sonlcolre .\v110 hc kl~otvs

that he is unconcious o r helpless; 2nd-ly, any person who comll~its obsccnc acts with solilconc who hc karnvs o r

reasonably should prcsunlc tha t hc has not yet reached thc ngc of . firtccu ycnrs or, if it i s 11ot ol~vious Crv111 hcr :rpc. not yct u~;~t-ri:~:;cnl~lc:

E ;F-.

C; '

srd-ly, any person who seduces someone whom he knows or reasonably presume tha t he has not yet reached the ape of fiiteen years or, if i t is :.;t obvious fro111 the ape, is nuc ye: nsarriageable, to c9nlnlit o r tolerate obscene acts or to have carnal krlo\~ledpc, out o i n,arriagc, of a third party.

Article 291.

( I ) If one of the crimes described in articles 256, ?S;, 5 9 nnd 290 results in a serious physical injury, a nlnximunl inlprisonnicnt of twelve years shall be imposed.

('2) If one of the crimes described in articles ?Ss, :.'G, 257, " 9 and 290 results in death, n nlasiniuin i n ~ p r i s o n n l e : ~ ~ of fifteen yenrs shall be imposed.

Article 29'2.

' Any udillt $1-ho coll~nlits nny obscene act with a lliiiior of the salile sex whosc minority he knows or reasonably shoilld presume, shall be punished by a nlasinlunl inlprisonnlent of five ycilrs.

Xrticlc 293.

(1) Any person who by gifts or pronlises of nioney or goods, abuse of donlinancc resultic,n from iactual relationship or deceit, intentionally nioves n nlinor of irrepronchnble condilct, whose n~ilroriiy he knows or reasonably shouid presunle, to colliniit any obscene act with hi111 or to

.tolerate such act, shall be punishctl by il ~liaxiniuill in~prisonnlent o i five years.

( 2 ) :\ yrosccutiu~i shall Le irlslituted urilg upor1 eol i~y!ni~~t u l rhe ycrsoli against \vhom the crillle has been committed.

(3) The tern1 referred to ill article 74 shall f o r this conlplaint respcccively n~liount to nine and twelve years.

J

Article 29-1.

(1) Any person who commits any obscene act with his uudcr age child, stcp-child or fostcr-chiltl, his pupil, a nlinor entrustctl to his carc, cdu- cntioii or v ig i la~~cc or his undcr ;igc servant or subordinate, shall be punishcd by ;I inasinlull1 illlprisonn~cnt of seven years.

(2) By thc sanic punishiiicnt sball be punished: ls t , thc official - its an). obscene act with a pcrson who is

. .. . . B officially : hiill or has bceil entrusted or rcco~~~nicnded

; i to his vii- '2tld-l~, thc csccutivc, physician, tcuclrcl-, official, ovcrsccr o r nttcudiint

a t ii prison, labour ins t i t t~ t io l~ of thc country, cducatiollal insti- tiitiori, orphall:~gc, hospital, lullatic asplunt o r charity institution, . \\-h0 colntrrits arty ohscc~tc act with n pcrsoli ntlnriltctl thcrcto.

Any Is:,

Article 295. n o n shall be punished: by a nlaximum imprisonment c! five years, ii he wich deliberate intent causes o r facilitates the commission of any obscene by his under age child, step-child o r ioster-child, his pupil, minor en:rusted to his care, education or vigilance o r his Under age servant or subordinate, with a third par t s ; by a maximum inlprisonn~ent of four years, if he except the cases enumerated under 1st. with deliberate inten: causes .. '1 -. facilitates the comn~ission of any obscene act by a minor, whose

: minority he knows or must reasonably suspect, with a third party.

[.l) If the offender 111akes an occupntiol~ o r u habit of the c o n ~ ~ i ~ i s s i o n of t h e crime, the punish l~~ents may be enh;inced with one third.

Article 296. ~ n y person who n ~ a k e s an occupatibn or a habit of intentionalls c a u s i l ~ ~

o r facilitating any obscene act by others with third parties, shall be punished by a n ~ a x i n ~ u n ~ imprisonlncnt of onc year nncl four months or n 111nxin1um fillc of one thouaancl rupiahs.

Article 99.5.

Trade in women and minors of the male sex shall be punished by a nlaxi- mum imprisonment of six years.

Article '796. (1) By c o ~ l v i c t i o ~ ~ by reason of one of the criilles described il l articles 281, ,

"S4 - 290 and 292 - 297, deprivatiol~ of the rights nier~tioncd in article '

3.5 f i rs t to fifthly 111ay be pronounced.

(2) If the offender of one of the cri111cs described in articles 292 - 995. COIII- 1 mits the crime in his profession, he may be dcarived of

. said profession.

Article 299. Any persol1 who with deliberate intent gives t rca tn~ent to n wolnan o r causes her to undergo a treatment, giving her to understand or raising thc cspcctatiol~ that thcrcby pregnancy lllny I?c curbcd, shall bc punishecl by :a 111nsin1u111 inlprisonliicltt of four years or ;I n~asiliiulll f i :~c of thrce thousal~d rupiahs.

If thc offcrldcr has nctcd in pursuit of goin, an occupation or o habit of thc colr~n~issiol~ of thc criulc, or is n physicixn, mid\vif- or phariiracist, the punishn~ent l-iav be enhnnccd with one third.

If. the person fozrit: guilty conlniits thc crinic i l h!. . :.U-sssion, h'e nlay be rclease3 f ~ o m the csei.cisc of saicl profession. ;:.. .

. , . .. . . . ~ \ r t i c l c 300. ( I ) Bp a l ~ ~ a x i l l ~ u n ~ i l ~ i p r i s o n ~ l ~ c ~ l t of OIIC year or n I I I ~ S ~ I I I L I ~ I I firle of Llircc

hiindrcd rupiahs shall bc pu~lishcrl: I

1st. any person who with deliberate intent sells or administers intoxi. catin,- Jrinks to a person who is in an obvious s tate of drunken-

.--. .

4 2nd-ly, any ness. person who with deliberate intent n ~ a k e s dmnk a child under ...i r . ..- the age of sixteen years ;

. - .-L'

Srd-ly, any person who by force o r threat thereof with deliberate intent .... .=.. .: _ forces someone to use intoxicating drunks. 7- . .. :k (2) If the fact results in a grievous bodily harm, the offender shall be

punished by a nlarimunl imprisonment of seven years.

I (S) - If the fact results in death, h e shall be punished by a n lax in~un~ in~prisob- ment of nine years.

( 4 ) If the offender conln~its the c r i n ~ e in his profession, he may be deprived of the exercise of said profession.

Article 801. The person who surrenders or leaves a child under the age of twelve

years who is under his legal authori ty to another person, knowing that it will be used for begging o r carrying o u t begging, fo r performing dangerous [cats or dangerous l a h n r or labour dctrilnental to the health, shall be punished by a nlaxinlum imprisonn~ent of four years.

. . Article 304. (1) By a maximun~ in~pr i sonn~ent of three nlonths or a maximuu~ f ine of

three hundred rupinhs shall, being guilty of light n ~ a l - t r e a t ~ ~ ~ e n t to aninla!~, be punished: l s t , any person who without reasonable objective or by oversteppin;:

what is perlllissible in rcachi l~g such objectivc, with deliberate intent causes pain or harm to nu ani~l lal o r causes illjury to the health of an animal;

2nd-ly, any person who without rei lso~~able objective or bp oversteppi!~g what is pern~issible in reaching such objective, with deliberate intent withholds the necessary sustenancc from an anililal that wholly or partially belongs to him and is under his supervision,

S o r from an animal to the sustenance of which he is obliged. (2) If the fact results in an illness of longer than one week, mutilation,

serious harm of nnothcr nature, or clcath of thc animal, thc offender shall by rcason of 111al- tccatn~c~~t to a11i111u1s bc punishcrl 11y n I I I : I S ~ I I I ~ I I I

i~npr i sonn~ent of nine nionths o r a n~as i l~ lu l l i fine of thrcc l~i~lldrccl rupiahr.

(3 ) Thc ani~rlal may, if it bclongs to tl:c o f fc~~clc r , hc forfcitccl. (-1) Attenlpt to this c r i n ~ e shall not bc p i ~ ~ ~ i s h e d .

Articlc $0;. . . I . ' .

,L) E); a n~axinrul l~ in~prisonntent of two xcars and ei,nht +::.i-tl~s qr ,a maxi- ; I I ~ U I I I f ine of six thousancl rrlpial~s shr~ll Lc punisilc:: irny pcrson \vlio

. without being el~titlccl thcrcto: . l s t , pcrforn~s a s his t rade thc intcational offcrir~g or providing. of

opportunity for a game of charrcc, o r intcntinnally participates . in an undcrtaki~ig thcrcto:

2nd-ly, intent ior idy offers o r gives the public a n oppor~uni ty to a gams of chance, o r intentionally participates in an undertaking thereto, i:;cspective whether or not the use of :;id opportunity is nlade iependent on a condition or on the obsen-ance of some or othe: form;

3rd-ly, participates in a game of chance a s his trade.

( 2 ) Lf the offender commits the crilile in his profession, he nlay be deprived of the exercise of said profession.

( 3 ) Ganle of chance includes each game whereby in general the chance of gain depends on chance, even if tha t chance increase by more trainin: or bq: greater dexterity of the player. I t shall include all chance- agreements on the outconle of contest o r okher games which are not concluded among those who take par t therein, a s also all bets.

CHAPTER S V

Abandonnlent or' destitutes.

Article 304. Thc pcrson who dclibcratcly brings ur lcavcs sonieonc, to whose susteirallcc,

nursing or care hc is obliged by virtue of the lniv applicable to hilu o r by virtue of a n agreement, in a helpless state, shall be punished by a maximum iinprisonnient of two years and eight lilonths o r a n:aximun~ fine of three hundred rupiahs.

Article 305.

Any yersoti who exposes a child under the a g e of seven years or, with intent to ge t rid of it , abandons the child, shall be punished by a niasinluiii iniprisoniilel~t of five years and six nionths.

Article 306.

(1) If one of the fac t s described in articles 304 and 305 rcsults in a serious

S physical injury, the offender shall be punished by a niaxinlun~ in:prisonlnen: of seven years and six months.

(1) If onc of these fac t s results in death, he shall be punished by a nlaxiniuln imprisonnlent of nine years.

Xrticlc 305. I f the offender of the crililc described in articlc 505 is the fa thcr or thc

mother, the scntcncc laid down i:; respect of then1 in articles 30.5 and 306 niay be enhanced 'with o r c tl.i.-r'

,. : l , .

'i. {Article 308. i f the niothcr, drivcll by fear o r discovcry of the birth of hcr child.

exposcs tiic child soon a f tc r thc birth or, with intent to gct ritl of it, abando~is thc child, thc n~aximunl of thc scntct~ces mentioned in articles 10.5 nntl 306 shall bc mitigirtctl with ollc hall.

Article 309. By convic?ion on accocnt of one of the crinles described in articles 304- 308,

deprivation of the rizhts rnentioced in artic!c 33 fourth!^ may be pronouncc&

CHAPTER SVI D e f a l l ~ u t i o n .

Article 310.

( I ) The person who intentionally Irarn~s s o ~ ~ ~ e o n c ' s honoul. o r reputatioll by charging him with a certain fact, with the obvious intent to give publicity thereof, shall, being guilty of slander, be punished by 3 n~sxin lur l~ in12ri- sonn~ent of nine nlonths or a nlaxinlulll fine of three hundred rupiahr.

(2 ) If this takes place by nlelrns of wriiings o r portrai:. disseminated, openly denlonstrated or put up, the principal shall, being guilty of libel, be punished by a n~nxiniunl inlprisonnlent of one year and four nlonths or a n~axirnum fine of three hundred rupiahs.

(3) h'either slander nor libel sllall cxist a s f a r ns thc principal obviocsly has acted in the.gencra1 interest or for a nccessary defcncc.

Article 311.

( I ) Any person who c o ~ n ~ i ~ i t s the crinre of slander o r libel i n case proof of the t ruth of the charged f a c t is permitted, shall, if he does not produce said proof and the charge has been llrade against his better judp~i~en:, being guilty of calunrny, bc punishcd bj. a n ~ a x i n ~ u n ~ imprisonnieni o i four years.

(9) Deprivntiolr o t rights ~ r l c ~ i i i o ~ ~ c d i t 1 rirliclc 3.5 f i rs t to thirdly lilny be pronounced.

Article 319. Proof of thc t ruth of the charged fact slrall o~ i lp be perlirissible in ti:e

fol lo~-ing cases:

' Is:, If the judge d e e ~ r : ~ the esan~inat iou of the truth necessary to j a igc thc allegation of the accused thn: hc hns acted in the gcneral inceres: o r fo r his necessary clcfencc;

2nd-l>-, if an official is charged with thc coli~~irission of an nc: iu the csercisc of his office.

Articlc 213.

The proof refcrrcd to in articlc Z I 2 s l 1 ; l l l ~ i o i bc pern~issiblc, if thc. c11;lr :

fact clrn~iot bc prosccutccl escc l~ t LI:;..>II col i~plni~i t 2nd no con~l) l r t i~~' , 2r.s .

Xrticlc 314.

(1; I f thc dcfa~ilctl pcrso:, Ilns been tlccli~rcd guilty of thc chargcd fact by judicial verdict which has hc:o~iic firinl punishn~cnt by renso:i of c : i l u ~ ~ ~ ~ l y ,

shall bc cscludcd.

(2) If the defamed person has been acquitted of rhe charged fact, by judicial verdict which has ' xonle final, said verdict shall be considered a s perfect proof of the unt :, of the fact.

(2) If agains; the defamed person by reason of rhe fact charged to him, a

criminal prosecution has been initiated the prosecution by reason of calumny shall be 'suspended until the verdict on the ciiarged fact. has become final.

Article 313.

A defa!llation conlnlitted with deliberate intent which does not bear the character of slander or libel, against a person either in public orally or in writing, o r in his presence orally or by battery, or by a writing delivered or handed over, shall a s s in~ple defan~ation, be punished by a n~aximum imprison- nlent of fon t month: and two weeks or a nlaximunl fine of three hundred rupiahs.

Articlc 316.

The punishnlents laid down in the foregoing articles of this chnptcr niay be enchanted with one third, if thc defamation is committed against an official during o r on the subject of the legal cxcrcise of his office.

Article 317. (1) Any person who with deliberate intent subiuits o r causes to submit a

false charge or infornlation in writing against a certain persoil to thc authorities, whereby the honour or reputation of said person is harmed, shall, being guilty of calun~nous chargc, be l~unishcd by a n ~ a x i n ~ u m in~prisonn~ent of four years.

(2) Deprivation of the r ights mentioned in article 33 f i r s t to thirdly 1u:iy be pronounced.

Article 318. ( l ) : Any person who with deliberate intent by sonre act falsely cast suspicion

upon another person of having co~llnlittcd a punishable act, shall, being d guilty o i calunlnous insinuation, be punished by a masimum inlprisonillent

of four years. ' (2) Dcprivntion of thc rights nlentionetl in nrticlc 33 f i r s t to thirdly nrny

bc 1)ronounccd.

Dcfamatiotl, pi~nishnl)lc urrdcr this chapter, s11i111 not Lc prosccutcd csccpt 11 o:i complaint by tltc pcwou agaillst whonl thc c r in~c has bcen comniittcd, . ..C?'. in the case of article 316.

Articlc 320. 7 ( I ) Any pcrsotr who ill rcspcct o l ;l dcccnscd licrsuu coilrniits a11 act that,

if thc person wcrc still nlivc, would hiivc bcclr charnctcrizcd as libel or slander, shall be punished by a ~llasinrunl im!~riaonnic~~t of four nlonths and two wccks or ;r llinxiniuill firlc of thrcc hi111tlrr.d rupinhs.

This crilrle shall not k prosecuted than Upon conlplaint by either one of the blood relatives o r yersons allied by marr iage to the deceased in the straight line o: side-line to the second degree, o r by :he spopsc. If by virtue of nratriachnl institutions the pnternnl authority is exercised by another than the father, the crime nray also be prosecuted upon complaint by this person.

Article 321. .any person who disse~r~inates , de~r~ons t ra tes openly of puts up a writing or p o r t n i t of defanlatory o r fo r a deceased slenderous contents with intent to give publicity to the defamatory o r slanderous contents or to enhance the publicity thereof, shall be punished by a nraxinrum i~rrprisos- nrent of one 11r011th and two weeks o r n nrnxinlum fine or three hundred rupiahs.

( 2 ) If the offender conlnrits the crime in his profession and during the conlnrission of the crinre two years have not ye t elapsed since a n earlier conviction of the person by reason of a similar crime has beconre final, he may be deprived of the exercise of said profession.

(3) This crinre shall not be prosecuted except upon complaizt by the persons indicated in article 319 and the second and third paragraph of nrtic!c 320.

CHAPTER XVII Revelation of secrets.

Article 321.

(1) Any person who with deliberate intent reveals a secret which he by reason of either his present or earlier office o r profession is obliged to keep secret, shall be pu~rished by a n r a x i n ~ u n ~ in1prisonn1er.t of nine nront'ns or a lrraxiirrtrr~r fine of six hundred rupiahs.

(2) If the crime is committed against a certain Derson, it nray only be prosecuted upon complaint by this person.

l

j S Article 323. ( I ) Any persoli who with deliberate intent revcals particulars concerning

i an enterprise of commerce, industry o r agriculture nVhcrc he is o r has been employed, the sccrecy of which he is charged with, shall be punished

! by a nrasinrunl imprisonn~ent of nine months or a maxinrunr fine o i s i s hundred rupiahs.

( 9 ) Xo prosecution shall be ninde unless upon conrplaint by the board of directors enterprise. I

CHAP- ..-. Cri~r~es . again5 jonal liberty.

Article 324. Any person who for his own account or fur ano:herls accoun: deals in

slaves or conrmit an nct deali~rg in slnvcs, 01. intentionally pnrticipatcs intli-

rectly or directly in a n y of such acts, shall be punished by a maxinlum impri- sonment of twelve years.

. Article 3.15.

( l ) .4ny person who goes into service or serves a s a captain on a vessel, knowing t h a t the vessel is destined i o r dealing in slaves, or using the vessel for dealing in slaves, shall be punished by a m a x i n ~ u n ~ imprisonment of twelve years.

( 2 ) If the transport causes the death of one o r more slavas, the captain shall be punished by m a x i m u n ~ imprisonnlent of fifteen years.

Article 3%.

Any pcrson who goes into service a s a shipmate on a vesscl, knowing tha t the vessel is destined or used f o r dealing in slaves, or if he voluntarily remains in service, a f te r having knon-n t h a t the vessel is destined or used f o r dealing in slaves, shall be punished by a m a x i m u n ~ imprisonment of nine years.

Article 327.

Any person who f o r his own account o r fo r a:nothcr's account, eithcr indirectly o r directly, assists in hiring, loading or insuring a vessel, kno&ing tha t the vessel is destined o r used f o r dealing in slaves, shall be punished by a maximum imprisonment of eight years.

Article 328.

Any person who carries off someone from the place of his residence or his temporary s tay with intent to br ing hinl unlanful ly under his or someone else's ,power o r to place him in a helpless s tate , shall, being guilty of kid- napping, be punished by a n l a x i m ~ ~ n ~ imprisonll~ent of twelve years.

a Article 329.

Any person. who with d e l i h r a t c intent and unlawfully carries to another area someone who has colan~it tcd himself to n labour in a c rtain area, shall bc punished by n maximum imprisonment of seven years.

Article 530.

( l ) Any person who with deliberate i6.!znt withdraws a minor from t L c authority legally placed over nim;o: f-om the supervision of thc :.-

; i who exercise said $upcrvisil~;.r~over. thk m i n o r with competence, s t punished by a maximunl in ,p i ionment of sevcn years.

( 2 ) A nlaximum ilnprisonment of nine years shall be imposed, if tricks, force o r threat of force have been used, o r if the minor is under the age o f . twelvc years.

'is

Article 331. Any person who with deliberi:e intent hides o r withdraws from the inves-

tipation by the officers of the : ;=Lice or police a minor who has been with- drawn or has \>-ithdratt-n himself iron1 the authority legally placed ot-er him or from the supervision of the person who exercises con1pe:ently said supervision over him, shall be punishe& by a meximum imprisonment of four years or, if the minor is under the age of twelve years, by a maximnm imprisonnlent of seven years.

Article 33-2.

(1) Being guilty of abduction shall be punished:

Ist, by a nlaxinlum imprisonment of seven yerrs, any person who carries off a woman under age \vithout the will of her parents o r guardians but with her consent, with intent to ensure hirrrself of her possession within or outside marriage;

2nd-ly, by a maximunl imprisonment of nine years, any person who carries off a woman by tricks, force of threat of force, with intent to ensure himself of her possession within or ovltside marriage.

(2) KO prosecution shall be made unless upon conlplnint.

(3) The complaint shall be filed: .a. if the wolllan during the abduction is a minor, cithcr by herself or

by a person whose consent she needs f o r the contract of a marriage; b. if during the abduction she is a n adult, either by her self or by

her husband.

( I ) If the abductor has entered into nlarringe with abducted wolnan and this marriage is geverned by the provisions of the Civil Code, no sentence shall bc nassed unless the annuln~ent of the marriage has been pronounced.

Article 333.

(1) Any person who with deliberate intent and unlawfully deprives sonleone 4 or keeps sonleone deprived of his libcrty, shall be punished by a niaxi-

mum inlprisonment of eight years.

(2) If the fac t results ir l a serious physical injury, the offender shall be punished by a nlaximunl imprisonnicnt of nine years.

(3) If the fact results in death, he shall be punished by a n ~ a x i n ~ u n ~ in~pr i - sonn~ent of twelve years.

(1) The sentences laid d0tt.n in this article shall also be npplicable to any person who with deliberate intent provides a place for the unlan-ful - ,., ricprivntion of liberty. -.:X o r

,,p .-.-.-. ' !

Article 33-1. . ,. .

( 1 ) Any person by whose negligence sonleone is dcprived or is kcpt deprived of his libcrty, shall bc punished by n niaximum l i ~ h t imprisonment of . three months or a m a s i m ~ ~ m fine of thrcc hundrcd rupiahs.

( 2 ) ~f the fact results i:r a serious physical injary, t.kc ofyender shall punished by a maximum light imprisonmext of nize months.

( 2 ) the fac t results in ~ ; . a t h , hc shall bc nunishcd by 3 m ~ x i r n ~ n ~ . . inlprisonnlen: of one ?car .

Article 335.

(1) By a maxirnum imprisonment of one year or a maximum fine of three hundred rupiahs shall be punished: l s t , any person who unlatvr'uily forces another bp force, by a n y othe:

battery or by a n offensive treatment or by threat of force, of any other battery, o r also or' a n offensive treatment, aimed either against the other person or aaainst a third party, to do, to ontit or to tolerate something;

%cl-ly, a n y person who forces another by th rea t of slander o r libe! to do, to onlit o r to tolerate something.

(4) In the C ~ S C described u~rcler 21td-Iy, the c r i n ~ c shall not be prosecuted except upon cornplaint by the person against whom it has been contmitted.

Article 336.

(1) Threat with open violence with united forces apaitist persons or property, with a c r i n ~ e whereby the general security of persons or property is endangered, with rape, with actual assaul t of t h e c h a s i t y , with a crime against life, with grievous ill-treatment o r with arson, shall be punished by a n~axirnum in~pr i sonn~ent of two years.

( 2 ) If the threat is executed in writing and under a, certain condition, i t $hall be punished by a n ~ a s i n ~ u n ~ in~pr i sonn~ent of five years.

Article 337. By convictiolt on arccount of one of thc critlres described in articles 324 -

and in the second paragraph of articlc 336, deprivation of the r ights mentioned ill. article 3.5 f i r s t to fourthly may be pronounced.

CHAPTER XIX Crimcs against life.

Article 338.

The person who with deliberate intent takes the liie of another pcrson, shall, being guilty of n~anslaughter , be punished by a maximum in~prisonment of fifteen years.

Article 3S9. ?i!z.nslaughter followed, nccon~palli.,.! preceded by a punishable fact

;; C.:< committed with intent to prepa-i o r facilitate the .csecution of said ¶.act, o r being taken in the act, to secure oneself o r other accon~plices to said fac t o r either impunity or the possession of the unlawfully acquired object, shall be punished by life imprisonment o r a maximum imprisonment of twenty years.

Article 20.

The person who with deliberate intent and with prenleditation takes ;he l i . of another person, shall, being guilty of murder, bc punished by r i p i z ! punishinent of liie inlpr isoi~n~ent o r 3 m a s i n ~ u m imprisonnleni of txvent:; years.

Article 341.

The mother who, driven by fear of the discovery o i her confizemen:, with deliberate intent takes the life of her child a t or scon ai:er its birih, shall, being s i l t y of infant-n~anslaughter, be punished bp a mnximunl impri- sonment of seve.n pears.

Article 342.

The mother who, fo r the execution of a decission driven by fear of the discovery of her forthcoming confinenlent, with deliberate i ~ l t e ~ l t takes ;h? life of her child a t or soon a f te r its birth, sball, being of inianticidc, be punished by a maximum in~pr i so~iment of nine years.

Article 343.

The criilles described in ar:icles 341 and 3CL shall in respect of others who participate in the crimes be considered a s infant-n~anslaug'nter or a s infanticide.

Article 3-12.

Any person who takes the life of another person a t his explicit and earnest desire, shaii bc puilishcd by a ~nasirnnnl imprisonment of t\vc!vc years.

Article 54.5. Any person who with deliberate intent instigates another to comnlit

suicide, aids him thereby or provides hint with the means thereto, shall, if the suicide ensues, be punished by a nlaxinlun~ imprisonment o i four years.

-4rticle 346. J Any woman who with deliberate intent causes o r lets another cause :hc

drifting off o r the death of the frui t of her womb, shall be punished b:' a ninximum i n ~ ~ r i s o n m e n t of four years.

Article 317. (l) Any person who with deliberate intent causes the drifting off or the

death of the f ru i t of the womb of a woman without her consezt shall be punished with a m a s i r ~ u r n imprisonment of twelve years.

(2) If the fac t results in the death of the .womo:i. he shall be punisled by a m a s i n ~ u m imprisonment of fifteen v.?-..

' i -S' - Article 34E.

( l ) Any person who with deliberate intent causes the dr if t ing off or thc death of t h c frui t of the womb of a woman with her consent, s5all be punished by a r;llaxin~un~ imprisonment of five years and six ~nonths.

(2) If the fact results in the death of the worunn, he shall be punished by a maximum imprisonment of seven years.

. . .. Article 349.

If a physician, midwife o r pharnracist is an acconrplicc to the cri~r!e in a r t ide 316, or is guilty of o r is an accomplice to or.? of the crimes described in

' articles 347 and 348, the sentences laid down in said articles may be e n h a x e d Kith one third, and be may be deprived of the exercise of the profession in which he commits the crime.

Article 350.

By conviction on account of manslaughter, cn account of nrurdcr o r on account of one of the cri1;;es described in articles 244, 347 and 513, deprivatio~r of the rigths is mentioned in article 35 f i r s t to fif:ly nray be pronounced.

CHAPTER XX Xaltreatment.

Article 351. (1) Maltreatment shall be punished by a nraxinlunr inrprisonnient of two

years and eight months o r a mas in~unr f ine of three hundred rupiahs.

(2) If the act results in a serious physiczl injury, the offender shall be punished with a nraxilnunr imprisonlllont of five years.

(3) If the fact results in death, he shall be punished by a nrasi~rru~rr impri- sonment of seven yenrs.

(4) With maltreatment shall be identified intectiocal Injury to the health. (5) Attempt to this crinre shall .no: bc punished.

Article 352. (1) Except for thc articles 353 and 356 n~altreatnren: which does not result

in a n illness or obstacle in the perfornlance of official or professional J activities, shall, as lipht maltreatmelit, be punished by a nrasinlill~r inrpri-

sonnrent of three nronths or a n ~ ~ x i n r u n l fine of three hunclrccl rupiahs. This scntcncc nrny be enhanced with otic third itr respect of ilrc offcadcr. who co~nnrits the crilrrc against a person u.ho is in scrvicc with hit11 nr who is his subordinatc.

( 1 ) . Attempt to this crinrc shall not be punished.

. Article 333.

( l ) Mali :onrmitted with prenreditation shall be punished with n max .~nprisonment of four years.

' ? (2) If thc fact results in a serious physical injury, the offender shall bc

punished by n maximuni imprisonment of seven years.

(3) If thc fac t result in death, he shall bc punished by n maxinrunr impri-. snnmcnt of nine ycnrs.

(1) The person who deliberately causes to another serious physiznl injur:.. shall, being guilty of serious mdtreatclent , be punished by a maxim-.:: imprisonment of eight years.

( 2 ) If the f a c t results in death, the offender shall be pcnished by a n~axinlunl imprisonment of ten years.

Article 355.

(1) Serious maltreatment con~mit tod with premeditation shall be punished by a n ~ a x i n l u n ~ imprisonment of twelve years.

(2) If the fact result in death, the offender shnll be punished with a maximum imprisonment of fifteen years.

Article 356.

The punishn~ents laid down in articles 3-51, 333, 3.5: and 355 nlay be enhanced with one third:

l s t , in respect of the offender who comn~its the crime against his mother, his lawful father , his spouse o r his child;.

2nd-ly, if the crime is c o n ~ n ~ i t t e d against an official during o r on account of the lawful exercise of his office;

3rd-ly, if the crime is conlnlitted by administering any substances injurious to life or to, health.

Xrticle 357.

By conviction on P C C O U I I ~ of one of the crimes described in articles 353 and 335, deprivation of the rights mentioned in article 35 nos. firs: to fourthly may be pronounced.

Article 335.

.4ny person who with deliberate intent participates in an assault or ,r fighting in which various persons a r e involved, shall, except, for each individual's

responsibility for the particular facts committed by him, be punished: Ist, by a n ~ a x i r i ~ u n ~ irnprisonn~ent of hvo years and eight ' months, if thc

assault o r fighting only results in a serious physical injury; 2nd-ly, by. a n l a x i n ~ u n ~ illlprisonn~ent of four ycnrs, if the nssnult or fighting

. results in the dcnth of o. person..

CHAPTER XSI

t .2sing death o r bodily harn: ! r..,-'~snch:z;'.' ;m;!-. ,,

'I Article 339.

Any person by whose negligence t h e death of another person is caused, shnll be punished by n mnaimun~ imprisonment of fivc p a r s o r a rnnximum l i ~ h t imprisonment of one ycar.

,l-tide 360. - b y person through whose faul t is caused the serious physical Hjury of

r.?c:'ner person, or such physical injury t h a t temporary illness o r an o!<:;iac!e nrises in exercising his official or professional activities, shall be punished by a maximum imprisonment of nine months o r a n ~ a x i n ~ u n l light imprisonment of six months or a maximum fine of three hundred rupiahs.

Article 361. E the c r in~es described in this chapter a re comn~itted in exercising an

office or profession, the sentence may be enhanced with one third, deprivation of the exercisc of the profession in which the crime has been comnritted nla!. bc pronounced, and thc judge may order thc publicltion of his vcrtlict.

CHAPTER XXII Theft.

Arriclc 262. ..Any person who takes property, wholly or partia!iy belonging to another,

with intent to appropriate i t unlatvfully, shall, being guilty of theft, be punished by t\ n~aximum irnprisonn~ent of five years or a n ~ a x i n ~ u n ~ fine .of sixty rupia.hs.

Article 363.

( I ) By n maximum i m p r i s o n ~ ~ ~ c n t of seven years shall be punished: l s t , theft of cattle: 2nd-ly, theft on the occasion of fire, exg~osidn, flood, earth- or sea-quake,

volcanic eruption, shipwreck, strandiup, railway accident, revolt, n u t i n y or distress caused by war ;

Srd-ly, theft by night in a dwelling or a t an enclosed yard where a dwelling stands, by son~ebody who is found there without the knowledge o r against the will of the rightful clninlsnt;

4th-ly, thcft committed by two or more united persons; 5th-ly, theft whereby the guilty person has forced an entrance into th?

place of the crime o r has brought under his rench the properly to be taken away by \\-ay of breaking into thc house, d a ~ a a g i l ~ g o r climbing in, of false keys, of a false order or of a false cos tun:^.

12) If thc theft described under thirdly is acco~l~panied by onc of thc circunl- s b n c e s mentioned under fourthly and fifthly, a maxi mu^^^ imprisonnlen: of nine years shall be imposed.

Article 36-1. The facts described in article 36.7 and 3 % i ~ u r t h l p , ' ' ~ ~ \$.ell a s those

' described in article 3G3 fiftly, provided tha t thvy havc not becn committed in a dwelling or a t a n erlclosed yard whcre n dwclling is, shall, it' the value of the thing stolen does not amount to morc than twcnty fivc rupiahs, a s light thcft, bc punished hy a maximum imprisonment of three months or n niaxinium fine of sixty rupiahs.

( I ) By a nraximunl imprisonnlent of nine years s!dl be punbhed thec prel.~.zed, accompanied or followed by f3rce o r ri-zea: of force against persons, comrnit~ed with intent to prepare or 'faci!i:a:e the rhef;, or \\-hex taken in the act, either to enable for himself or for other accomplices to the crimc to escape; or to ensure possession o i the thing ,srolen.

(2) A n~aximum in~prisonment of twelve years shall be imposed: Is:, if the fact is coniniitted either by n i ~ h t in a dwellin: or ac

an enclosed yard where a d\\.elling is; or on the public road; or.in a railway carriage or tranl which is in motion;

2nd-ly, if the fact is conimitted bp two or niore unired persons; Brd-ly, if the offender has forced an entrance into the place of the c r i n~e

by way of breaking into the house or climbing in, of false keys, of a false order o r a false costun~c;

4th-ly, if the fact results in serious physical injury.

( 3 ) .l nlaximum inlprisonnlent of fifteen years shall be inlposed, if the fact results in death.

(-l) Capital punishment o r life inlprisonnlent or a nlasimunl inlprisonment of twcnty years shall be i~llposcd, if the fac t results ill a serious physical injury or death, comnlitted by two o r Illore united persons and thereby acconlpanied by one of the circun~stancej mentioned under f i rs t and thirdly.

Article 366.

By conviction on account of orre of the facts described in articles 362, 368 and 365, deprivation of the rights n~cntioned in aiticle 35 f i rs t to fourthly n1a.y be pronounced.

Article SGT. . (1) If the priucipal of or acconlplicc to one of the cri~llas descr ibd in this

chapter is the spouse not separated fronl bed and board or from goods of t he person against \ ~ h o ~ a the crime has bee11 committed, no criminel prosecution shall be instituted aguinst said principal or said accornplicc.

(2) If hc is his spouse separated from bed and board or fro111 goods or is his blood relativc o r pcrson allied by nlarriagc, eithcr in thc straight line or in thc second degree of the sitlc-lirle, the prosecution, a s f a r ns it concerns him, shnlt takc placc only upon conlplnint acldresscrl to hint by the person against whom the crinle has been committed.

( 3 ) I f hy virtue of 111ittriarchn1 institt~tiorls thc paternal authority is csercised by anothcr than thc fathcr, the provision of the fore~oirrg paragraph slinll also apply t o him.

Arliclc 3GS. (1) Any pcrsolr who, with i11tet;t to unlnwiully bellefit hi~uscl i or a ~ ~ o t l ~ t r ,

by forcc or threat of forcc forces snnleone either to deliver a good

tha t \\-holly or partially belongs to t h a t person o r to a third party, o r to negotiate a loan or to annul a debt, shall. being .gui!ty of extortion, be punished by a maximum imprisonn~ent or' nine years.

(2) The provinsions of the second, third and fourth paragraph of article 36.5 shall be applicable to this crime.

Article 369.

- (l) Any person who, with intent to unlawfully benefit himself o r another, by threat of slander, libel revelation of a secret forces someone either to deliver any property which wholly or partially bclongs to tha t person o r to 8' third p a n y , o r to negotiate a loan or to annul a debt, shall, being guilty of black-mail, be punishecl by n n~axinlum in~prisonment of four years.

( P ) This crime shall not be prosecuted unless upon conlplaint of the persori against whom i t has been con~mitted.

Article 3i0.

The provision of articlc 367 shall be applicable to the crinie described in this chapter. . .

Article 371.

By conviction on account of one of the c r i n ~ e s described in this chapter, deprivation of the r ights nicntionccl in article 5.5 i i r s t to fonrthly nlny pronounced.

CH-APTER SSI\'

Embezzlement.

Article 373.

J AII~' persorl who with deliberate intent and unln\vfully appropriates property which wholly or partially belongs to another and which he has in his posscssion otherwise than 6y n c r i r ~ ~ e , shall, bcing guilty of enibezzlc~~~cii t , bc punished by a nlaxi~llunl inlprisonnient of four years o r a niasinium fine of s i s ty rupiahs.

'The acL described i r r article 37.' shall. if thc cn10czzlcd property tlocs no: co~lsist iu citttlc ancl the vnluc does not xilount to niorc thn.1 twenty rupinhs, as light cmbezzlcnient, >c punishcd by a ~i~axiniur.: in?-: . ~ n r . i c n t o f :hrce inonths or a maxim**:.!. Ir:.e of sixty rupiahs.

' ? .Article 374.

E ~ ~ i b c z z l c ~ i ~ e u t comn~it tcd by any l r c r s o n ~ ~ ~ - I ~ o has posscssion of thc llrol~crty on-account of his personal scrvicc or of his profession or for monetary con\: pnsa t ion , shall bc punished by n niaxirnuni imprisonrncnt of fivc ycnrs.

Article 373. Embezzle~.:-1.nt con1mit:ed by a y pezsvn to whom thc property has been

handed in cu,. .-i::, compelled by cecessiiy, or by guardials , curators, exccgiivcs, executioners of l a j t =ills and restanlent;, nlnnapers of insiitutions of charity o r ~f foundations, in respect of propcrty which they ns such, kavc in their possession, shall be punished by a maximum imprisonment of six years.

-1rticle 576. The pi-ovisio~~s of article 367 shall be applicirble to the crimes described i n

this chapter.

-Article 377. (1) ' By convic:ion on nccoun: of or,e of the crimes described ir l articles 372,

354 ar.d 375, the judgc niit:r order ths publication of his verdict and pronounce deprivation of the righis n~enrioned ir. article 3.5 i i r s t to fourthly.

(2 ) If the offender commits the criule in his profession, he inay be deprivcil of the exercise of said profession.

. . CHAPTER S S V

Fraud.

Article SSS. Any person who with intent to un!awfully benefit hinlself or another,

either by assuming a false name o r a false cagacity, o r by craf ty artifice-., ur I I ~ a web of fictions, i~ldtices sorlleollc to clrliver ilny property o r to negotiate R loan o r to annul a debt, shall. being guilty of f raud , be punished by n maxi- nlum irnprison~l~cnt of four years.

Article 273. The fact described i : ~ article 376 shall, if the property surreudered does

not consist in cattle, and the value of the property, of the loan and of thc debt does not amount to more than twenty five rupinhs, shall, s s light fraud.

3 be punished by a n i a x i ~ u u n ~ in~prisonnlent of three llionths o r e ' il~asinlulll fi!~e of s is iy rupiahs.

-1riicle 379 a. Any person who n ~ a k e s it business oi a habit of the purchase of p1.opcrt.v

with intent to secure hiulsclf o r another i~osscssion of said property \b-i~hout full paynlent, shall be punishcd by a ~ l l i l s i ~ l ~ i ~ n ~ inlprisonrnent of four years.

I I (1) BY a n~as in lur l~ iu~prizonulcnt of two years and eight nlon:ks o r a n ~ a s i - . ! ! Inilnl fine of five tho::ia~~d rupiahs shaIl be pu~~is!~; : ; . . :.ani 1;

; I Is t , :111y perso~l who f i~lsciy affixes any nnltlc or ':; ', mark to n worii of li teraturc, scicncc, a r t or illdujtrp, or falsifics Lhc gc:luirlc

.. . naiile o r the genuine niark, with jnfcnt to plnkc jt :hcrqby acccpt- ablc that said work would be n~ada by the person whose llnnlc o r mark he afiixcs thereto;

2nd-ly, tha person who deliberately sells, offers f o r sale, delivers, has in store f o r sale or imports into Indonesia a work of literature, w~~:;ce, a r t o r industry to which fa.se!y a name or a mark has h e n affixed, o r the genuine name or the genuine mark has been falsified, as if said work were made b.v the person whose name or mark h a s been affixed falsely thereto.

(1) The work may, if i t belongs to the convicted person, be forfeited.

Article 381.

Ally person who craf ty artifices causes the insurer to e r r in respect of c ircun~stances ' relnt in~ to the insurance, so tha t the insurer concludes an agree- nlent which he \vould not have concluded or would not have concluded cnder the same conditions, if he had known the true s tate of affairs, shall be punished by n nlaxiinurn inlprisonn~ent of one year and four nlonths.

Article 3s". Any person who with intcnt to unlawfully benefit h i~ l~sc l f or anothcr to

thc dctri~ilcnt of the insurer or of the Icgal holdcr of a bottomry bond, sets fire to or causes an explosion in property insured against fire-risk, or causcs to sink or strand, destroys, makes useless o r danlages a vessel which has been insured or of which the cargo or the freightnge to be earnetl has been insurecl, or f o r which bottomry nloncy has been provided, shall be punished by a nlnximum in~prisonmcnt of fivc ycilrs.

a l e 4 8 2 bis.

Ally 1 ~ r s o 1 1 \\.ho, i l l order to estnb!ish, to rc ta i t~ or to c s p ~ u l d a l c oi those of thc tradc or busi~lcss of another, collllrlith..

irnudulent nct of niisleading tile public o r a ccrtain person, shall, if thercfro111L- solile loss for his conlpetitors or con~pet i tors of the other person nlay arise,

'+ing of unfnir competition, bc punished by a nliurimunl i n ~ p r i s o n ~ ~ ~ c n t dPqne ycar nncl four months or a m a s i m u n ~ fine of nine hundred rupiahs.

L. .. . . ... \ \ -- ---.- .-.- - . . .... --- - ' "- . .

Article 8S3.

Bp a ~ I ~ X ~ I M U I I I in~prisunl~lcnt of one pear and four uionrhs sllail be punished the scllcr who dcccives thc buyer:

Is t , by dclivcring with dc1ibcr:lte ilitcnt to the pcrsu~l \rho bought a fiscd dcsigllatcd object, so~llcthing else instead thcrcof:

2nd-ly, in rcspcct of the natl. , the quality or rile ~ I I I O U I I ~ of t'nc dclivcrcd

. articles, by usi-:- : - 9 . :-, artifices. .. . . ,. .

l 1;

- -. Articlc :;S3 bis.

Thc holdcr of a bill of lading who with dcl ibcra!~ intent Ili~s in possession diffcrcnt copics thcreof with oncrous title it1 fnvour of different rcccivcrs, . shnll be ~wnisl~ct l by a n ~ a x i n ~ t i i ~ ~ i ~ ~ ~ p r i s o n n ~ c r ~ t of two years :lntl ci;ht I I I O I I ~ ~ S .

ss

.Article 334.

The 5acrj descr ikd in ar:iclc 3S3 shall, if the valun of &e. gain mjoged does not amount to nrore than twenty five rupiahs, be p u ~ i s h e d by a r u a d m u n imprisonment of three nronths or a nraxirnunr fine of skcp rupiahs.

Article 355.

By a nlaxirnum imprisonment of four years shall be punished:

Is t , ally person who with intent to unlawfully benefit himseli o r another, sells, exchanges or encun~bcrs with nlortgage an Indonesian right of use to ]:and, or a building, work, pl3ntir.g o r sowing on land on which Indonesian rights of use are esercised, knowing ti~itt another has 3:.

shares the title thereto;

?nd-ly, any person who with sinlilur intent sells, exchunges or encur.tlers with mortgage a n Indol~esian r ight of usc to land or building, work planting o r sowing on land, on which I~ldonesian rights of uze are esercised, which has already been burdened with a mortgage, without informing the counterpart of the existence of said mortgage;

3rd-ly, any pcrson who with sinlilar intcnt encumbers an Indonesia11 right of use to land with a mortgage, concealing to the counterpart that the land on which said r ight is exercised has been pledged; --'

4th-ly, any person who with s in~i la r intcnt pledges o r leases a piece o i land on which a n Indonesian right of use is esercised, kno\virrg that another

V has or s h a c s the titlc thereto;

5th-lg, any person who wit11 s i n ~ i h r i l ~ t c l ~ t sclls or eschiu~gcs at1 ;l!re;tdje pledged piece of Ia.ncl 011 which at1 Indonesia3 right of use is eserciscd without i n f o r n ~ i l ~ p the coulrtcrpart or said pledge;

Gch-ly, nny person who with s in~i la r intcnt leases n piecc of I:tt~cl 011 which an Ir~donesian r ight of use is escrcisecl f o r n period f o r which hc knows that it has already been rented out to another.

Article 5SF. r!

(1) Any person who sells, ofiers , for sale o r delivers iood or beverages or meclicinc, knowing t h a t they hnvc been falsiiicd and con2eal in~ said fnlsifi;~ction, shall bc pur,ishctl by a nrasin~uni il~~prisoltntcltt of iuur years.

( 2 ) Food or be .cragcs o r a~cdicilrc arc falsified if by n t i x i n ~ with stranpc ingredients thcir value or uscfulncss has been decrenscd.

Xrticlc 837.

(1) Ey a n~axinrurl~ ilnpris31rntcttt of scren ycnrs shall bc punishcd any nlastcr. buildcr or any architect of :vork o r any scl l t r of bci!.li~lr ~ r ~ t c r i a l s . , who in performing !lt. .., 1. G:- thc dclivcry of thc nla' -:-.;: c o n t t t ~ f t ~ -

;; n fraudulent aci, a s : cr.r~li of \\-hiclt thc security of pcrz?,.:, or proper:?', or thc security of tbc s tntc ill tintc of w a r may bc ct~daugcrcd.

(3) S i t h tllc sa i t~c scntcncc shall bc p u l ~ i ~ l ~ a b l c atty pcrson \vItu, chargcd with the sapcrvision of thc work or of the dclircry of the materials, with ,

dcliltrrntc intent allows tlic frat~tlulcnt act.

(1) Any person who ;. :he delivery of materials fo r use by the navy or the a rmy commits n --zudulent act, a s a result of which the security of the s ta te in time of w a r may be errdangered, shall be punished by a maximum imprispnnient of seven years.

( 5 ) By the same sentence shall be punished any person who, charged wi:h the supervision of the delivery of the goods, with de!iberate intent allows the fraudulent act.

Article 389.

d n g person 'who, with intent tu unlawfully benefit hi:useli or anuthcr, destroys, moves, removes or makes useless what serves to niark out the bounderies of premises, shall be punished by a nlarinlunl ilrlprisonllrent of two years and eight months.

Article 390. . - ~ . . Any person who, with intent to unlawfully benefit himself o r another,

causes to r i se or to drop the price of merchandise, funds or securities by disseminating false news, shall be punished 6y a ~nnxi~ i iu~t r inrprisonntent of two years and eight months.

Article 391. Any person who, charging hiniself with the duty of or cooperates inplacing

rlcbrl~tures of n s tate o r par t thereof, o r of n public institutio~l, or of shares ill or dcbelitures of an association, foundat& or colrtpnny, trics to move the public to apply f o r it o r to participate in i t by concealing or nlutilating with ilcliberate intcnt true, o r holding out false facts or circumstances, shall bc l~iinishcd Ly n ~itnsinlunl iltlprisonnlent of four years.

Article 399. -Ally merchant, nny executive or any coiiintissioner of a linlited liability

S c w ~ p a n y , any Indonesian company on shares or any cooperative society who with deliberate intent publishes an ulltruc stntenlen! of accounts or balance- sheet, shall be punishcd by n nraxinium imprisonnlent of one ycnr and foi:r nlonths. C---

,* --.

{Article 393. ( 1 ) Any person who inl!~orts iho--111donesia without obvious intcntiot~ to

re-esport, sells offcrs for snlc, dclivc'rs, distribukcs or has ill storc fo r .snle or distribution, colllnlodities of W-hich he klrows or rcnsonnbly shuuld suspect that thcy thenisclvcs o r their packages a rc falscly providcd \r :!h thc name, the f i rm or the mark to which another has a right, o r w,;h:vor!:

' i tllc nanle of a fiscd place ns a n indication a s to origin with thc additinn- of a n invented nanlc.of firnl, or t h a t on thc con~nloclitics thcnlsclvcs or on their package strch Iialnc, f i rm or mark has becn imitntcd, cvcn with a slight deviation, shall be punished by s nlaxintulll inlprisonnlcnt c € four months and two wecks or n maximum finc of s is hi~nclrcd rupinhs.

( 2 ) Ii during the conimission of the crime five years Ears not yec elapsed since a n earlier conviction of rhe offender on account of a similar crime has become iinal, :. maximum imprisonment of ni::? months may be imposed.

. Article 393 bis.

.Any person who deliberately inserts or c u s e s to insert in a doculucnt containing a ciaini fo r a divorce or for a separation fronl bed and board or a request for a bankruptcy adjudication, or also in a docun~ent related thereto. data concerning the dwelling or p!ace of abode of the person against \S-honi the claim has been addressed or of the debtor, of which he knows or reasonably should suspect tha t they a r e contrary to the truth, sha!l, i' use is niade of the docbnient in thc lnwsuit co~icerncd, be punished by a niaxinium imprison- ment of one year.

The provision of article $67 sha.11 be applicable to the criliies described in this chapter, except f o r the crinie described in articl? 393 bis, if it has bee11 conlniittcd by the claiming spouse with respect to a claim for divorce or for n separation fronl bed and board.

Article 395.

(1) By conviction on account of one of the crinies described in this chapter, the judge niay order thc pilblication of his verclict and the offender Illay be'cleprived of thc exerciic of thc profession in which thc crinie has been committed.

(2) By conviction OII accou:it of one of thc c r i ~ u e s dcrcribed ill articlcs iS. 351, 3S5, 3Si, 385 and 393 bis, deprivation of the rizhts nientionecl in article' 35 f i rs t to fourthly nlny be pronounced.

CH-APTER XXVI

Injury to creditors o r rizhtful clain~an:s.

Article 396.

Any liierchant who has been ndjuclgc bankrupt o r has becn nd111it:eci to 3y 0

;I judicial ccssio~i of cstatc shall, bcirig guilty of sinilrlc bankruptcy, bc ~iunis'ned by a niasi~iruni i~i i~risol i l i ic~i t of otic year atid four months: 1st- if his cspcnscs havc bccn cxkr--:agant:

?:l.;-::;, if he, with intcnt to c ' . : - . .. . bankruptcy, knowing th:it i: could ' . .. thercl;? not b c ' a v o i d c ~ . 1::: bccn borro\cing undcr ollcrous cortditions;

' !. Srd-l?, if hc does not !~roduccs i l t a n 1~11dit~nlag~~i stitic thc bc~oks ancl doculiicn:~

. in which hc lias kcpt liis rccords pursuant to article G of thc Code of Commerce, mid the w-ritinzs which hc has kcpt prlrsuant to said nrticlc.

Art ide 397. (l..\) Any merchant who has been adjudged bankrupt or has been admitzed to

judicial cession of estate shall, being puilc- of fragdulent bankruptcy, punished by a n ~ a x i m u n ~ in~pr i sonn~ent of seven years, if he. in order to f raudulen t l~ abridge his creditors of his rights:

l s t , either has invented o r invents liabilities or has not accounted or dora not account for assets, or has u.ithdra\*-n or ni thdraws any property from the estate;

2nd-ly, has alienated any property, either f o r nothing o r obviously below the value;

Srd-Iy, has favdured or favours oce of his creditors in a certain manner on thc occasion of his bankruptcy o r a t a nlonlent when he knesv chat his bankruptcy could not be avoided;

4th-ly, has not fulfilled or does not fulfil the obligations which rest 011 hinl in respect of keeping records pursunnt to article 6, f i r s t paragnpll , of the Code of Commerce, and of keeping and producing books, docu- ments and writin,ns referred to in the third paragraph of said article.

Article 296. $9~) Ally director or any conlniissioner of a limited liability contpany, Indurlesian

conlpany on shares or cooperative society which has been adjudged bankrupt or of which the judicial settlement has been ordered, shall be punished by J.

nlaxinrr~ni inlprisonn~ent of one year nnd four ~iionths:

Ist, it hc hns ptlrticipnterl in or hns given his permission to ;;cts contrary to thc nrticles of nssociation to which the losses sufferc-d by thc limited liability company, the Inclorresian conlpnny on shares 01- cooperative society a re wholly or for a lllajor par t ascribable;

2nd-ly, if he with irltetrt to delay the bankruptcy or thc judici;:l scttlemenc of the lin~itcd liability coiitgauy, the I;~rloncsi;tt~ cult~pany on shares or the cooperative society, knosving that the bill~kruptcy or thc judicial scttlenrent could not thereby be avoided, hns participated or has given

4 his pern~ission to borrow n1011e.v under onerous conditions; 3rd-ly, if he is to blanie tha t thc obligations dcscribcd in article G, iits:

paragraph -of the Code of Conlll~ercc o r article 2 5 , f i rs t paragraph of the ordinance on the Indonesia~l conlpany on sharcs, havc not been fulfilled or that thc books and tlocuntents in \vl~ich nccorcling to saicl articles records have bccn kept, ant1 the \vritil~gs which havc bee11 kcpt in con~plinncc with the said articles. are not produccd in an iindaniaped state.

Article 8 9 . .any dircctor o r collln~issivncr of :: liniitcd diahilitj- conlpnny, i . : ~ c * n .

;company on sliarcs or coopcrativc s.~:Icty which has bccn adjudica!c-1 : : :;I:rupt or of which thc judicial scttlcm:nc has bccn ordcrcd, shall \)c pulllsilcd 11: n n ~ a x i ~ n u ~ i ~ in~prisonnicnt of scvclr )'cars, if he, in ordcr to fraudulently curtilil the rights of the creditots of hc limited liability company, thc Intloncsinn company on sharcs o r the coopctntivc socicty:

lst , either has in;ented o r invents liabilities, or has not accounted or d o i ~ not account f o r th? nssets, o r has withdrawn or withdraw any pro- pcrty from the e. .+;

. )nd- l~ , hi alienated any .property either f o r nothing or obviously below the value;

Brd-ly, on the occasion of the bankruptcy or the judicial set t len~ent or at a n ~ o n ~ e n t when he knew tha t the bankruptcy or the judicial set t len~ent could not be avoided, has benefitted o r benefits son~ehow one of the creditors;

4th-ly, has not .fulfilled o r does not fulfil the obligations which rest on h i n ~ in rospect of keeping the records in conlplirance with article 6, f i r s t paragraph of the Code of Con1111erce o r in conlpliance with article 27, f i rs t paragraph of the ordinance on the Indonesian conlpany on shares, :111tl the keeping nlld producing of books, documents nnd \vritin,m; reielered to in said articles.

-4rtic1e 400. C> q yj By a n~avimum inlprisonment of five years and six months shall be punished

any person who, in order to fraudulently abridge the creditors of thcir rights: 1st. in casc of judicial cession of estate, bankruptcy or judicial settlement,

or prospect of something or other, if the judicial cession of estate, the bankruptcy o r the judicial se t t l en~ent follows, withdraws any property from the estate, or accepts payment eithcr of a n unclaimable

. debt o r of a claimable debt, in the la t ter case knowing that the . bankruptcy o r the judicial set t len~ent of the debtors has clready been

applied for o r a s a result of consultations with the debtor;

2nd-ly, by verification of the clainls in case of judicial cession of estate, bankruptcy o r judicial set t len~ent , lays clail11 to a non-existing claim or causes an existing c l a i n ~ to be worth a higher value.

Article 401. '-%.L\ ';*')

( 1 ) Any creditor who joins nn offer of a judicial accord as a result of an agreement either with the debtor or with n third party, whereby hc has stipulated special benefits, shall, in case of ncceptanca of the accord, be punished by a niaximun imprisonment of one year and four months.

(2) The same sentence shall in the casc be np1)licable to the debtor or, if the debtor is a limited liability company, an Indonesian com,Jny on shares, a cooperative society or n foundation, to the director o r con~mis- sioner who concludes such a n agreement.

. !\.

Article 401. -?q.iJ A person who has been adjudged obviously insolvent or, without bciqp

.:r:nant, has been adjudged bankrupt, or has been adlr~itted to judiri;:; ~:;sion of estate, shall be punished by a maximum imprisonment of five yes?.. and six months, if he, in order to fraudulently curtail his creditors of thcir rights, either has invented or invents liabilities, o r has not accounted o r dncs not account f o r assects, o r has withdrawn or withdraws any property fyom thc cstatc, o r has nlicnntcd any property for nothinr or obviously bclow thc

,-due, or on the occasion of his obvious insolvency, cession of - a t e or ba& ruptcy, o r a t a moment when he knew tha t wmeth icp or other could not be avoided, has benefitted or bn?+fits somehot\- one of his c-edit--I.

Article 103. (\lc\,'l, i

director or any .commisioner of a limited liability c o u p a ~ y , any Indo- nesian company on shares or any cooperative society who, except f o r thz case in article 398, has aided in or has given his consent to acts coctrary to the articlps of incorporation, a s a result of which the company or society beconies incapable of fulfilling its liabilities or has to be dissolved, shall be punished by a maximum fine of ten thousend rupiahs.

Article 404. .

(1) By a maximun~ imprisonment of t\\.o years s h l 1 be punished: Ist, any person who with deliberate intent withdraws his own pro-

perty or, on behali of the owner, property not belonging to him from any other person who has thereto a title of pledge, retention, usufruct or use; .

.Ind-ly, any person who dcliberately withdraws his own property or, on behalf of the owner, property not belonging to hinl wholly or partially from a mortgage established on i t to the prejudice of the mortgage creditor;

3rd-ly, any person who with deliberate intent withdrams property on ~vhich he hais established a crop lien, property on which a crop

' lien has .been established by any other person, wholly o r partia!ly from said lien, to the prejudice of the lien-holder;

4th-Iy, any person who with deliberate intent withdraws his own property or, on behalf of the owner, property not belonging to him wholls or partially from the credit lien established on it, to the prejudice of the lien-holder.

(2) .The provision of article 367 shall be applicable to these crimes.

4 Article 405.

( I ) . E y conviction on account of one of the crimes described in articles 397, ,399, 100 and 402, thc offender may bc deprived of the rights, n~entioned .in article 35 nos. f i rs t to fourthly. . .

( 2 ) - Cy conviction on account of one.of the crimes described in articles 3 6 - 402, publication of the judicial verdict may b e . ordered. .

CHAPTER T.'IVII Destruction c- I , b . - ;, . C.; pr tqe i ty .

& "'; A - ' 406. .

(:) The person who with deliberate intent and unlawiully destroys, damages, renders useless or mislays property which n-holly or partially belongs

. to another, shall bc punished by a maximum imprisonment of t n o years and einht months nr n r n n x i m ~ ~ n ~ tine of thrcc hundred rupinhs.

I

( 2 ) The z u i r pu:lishulcr.t sh;?ll be imposed Upon the person who ~ i : h deli- berate intent and u n l a u ~ u l l y kills, darnapes, renders useless of gets rid of an animal which w h o l ! ~ or p r c i a l l y &long5 CO an~:'cr.r.

(1) The facts described in arcicle 406 shall, if the value or' the iccurred loss does not amount to more than twontg f v e ru?Iahs, be p u n i s h ~ d by 3

maximum in1prisonn:enc of three n ~ o n t h s o r a n~axirr.cni fine of six?:; rupiahs.

(2 ) Lf the facts described in article 406, iecond paragraph, have been conlil~itted by applpi& substances harn~fu l to life or to health, or it the animal belongs to those mentioned in article 101, the provision of the foregoinx parngmph shall not be applicable.

Article 40s. ~ n y person who with deliberate intent and unlan-fully destroys, daniages

or niakes useless railway, tramway, telegraph, telephoce, electricity-work, works serving a s a dam, water distribution or drainage; gas- or water supply or sewerage, a s f a r as these works, pipes o r sewers are used for the general good, shall be punished by a l l ~ n x i i ~ ~ u n l in~pr i senn~ent of four years.

Article 409. Bny persoli by whose faul t any work referred to in the foregoing article

is destroyed, damaged or rendered uscless,. shall be punished by a n ~ a v i m u n ~ light inprisonment of one month or a n ~ a x i n i u ~ n f ine of hundred rupiahs.

Article 410.

Any person who with deliberate intent and u ~ ~ l a w i u l l y destroys or re'nders unseless a building or vessel that \vholly or partially belongs to another, shall be punished by a maximum inlprisonn~ent of five years.

Article 41 1.

d T'ne grovision of article 367 shall be applicable to the crimes described in this chnpter.

Article 412. ..... . .. . ... If, except for the c?se .of .article 407, f i rs t paragraph, one of thc crillles

described in this chapter is committed by two or nlorc pcrsons jdnt ly, the sentcncc nlny bc enhanced with one third.

CHAPTER SSVIII Crimes conln~ittcd by officials.

' ! Article 4:: .Any commander of the armed forccs wit0 refusks'or with dclibcrate intent

neglects, a t the lawful demand of the compctcnt civil authority, to employ the force under his command, shall bc pitnishcd by n maximum imprisonment o i four years.

Article 414.

(1) Any official who with de!i'-erate intent calls f o r the aid of the armed forces against the erecu .r. of s t a t u t o ~ provisions, of lawful orders of the public authority or of judicial verdicts o r warrants , shall be punished by a l raximum imprisonment of seven w a r s .

(2) If the execution is thereby prevented, the offender shall be punished by a n~aximunt in~prisonment of nine years.

Article 415.

Any official or any other person continuously or temporarily in charge of a public service who deliberately enlbezzles money or securities which he in service has under his custody, or allows thein to be take11 away or elllbezzled by another, or thereby aids the other person 33 a n accon~plice, shall be punishecl by a niarinium imprisonnlent of seven years.

. -_ Xrticle 116.. '

Xny official or any other person continuously or temporarily ill charge of a public who wih ideliberate intent falsely drams up or falsifies books or registers, exclusively designed f o r the control of the adn~inis trat ion, shall be punished by a maximun~ imprisonment of four years.

Article 417.

Any official o r any other person continuously or tenlporarily in charge of a public service who with deliberate intent embezzles, destroys, damages or renders useless property intended to serve, a s a conviction or a s a proof before the competent authority, deeds, documents or registers which he in service has under his custody, or allows them to be mislaid, destroyed, damaged or rendered useless by another, o r thereby aids the other person a s a n accon~plice, shall be punished by a n ~ a x i m u n ~ imprisonnlent of five years and six months.

J Any official who accepts a gift or promise, knowing or having reason to believe tha t . i t is given to him with a view to a po\ver o r competence which

- is related to his 'office, o r which is related to i t in the opinion of :he person who makes the gift or promise, shall be punished by a maximull1 imprisonmen: of threc years o r R niaximum finc of three hudred rupiahs.

Article 419.

By a maximunl imprisonment of five years shall be punished any public oificn-:

I - ' ~ e p t s a gif t . or .promise, knowing tha t it is given to him i.,

'! .der to niove him, contrary to his duty, to do or to admit sometl?in.: in his service;

2nd-ly, who accepts n gift, linowing tha t i t is given to him a s a result or on account of what has been done or omitted by him in his service contrary to his duty.

Article 420.

( I ) By a nlariuiunr in~prisu:llrirnt of n i n ~ years shall be punished: i s , sny judze wiio accepts 1 C:;': or promise, knowing :h2: i~ is givzc

to hinl in order t o cxercise influence on the dccision of 3 c:tSe which has bten submitted to his judpn~ent;

2ud-Iy, any person n-bo, in compliance with s tatutory provisions designated as counsellor or a s adviser to attend t h t cPsaion o i n col;rt of justice, accepts a gift or promise, knowing that i i is given or made to hinl in order to exercise influence on the advice or opinion given by him concernirip a case tha t has been submitted to the judgn~ent of the court.

( 2 ) If said gift o r pronlioe is accepted in the consciousness that it is niade to obtain a convictiol~ in n crimir~nl :as.c, the offendtr shnll be punishzd by a n ~ n x i r ~ ~ u m iti~prisot~nient of tavlve years.

Article 421.

Any official who by niisuse o i power forces someone to do, not to do or to tolerate something, shall be punished by a n ~ ~ i n r u r n iinprisonment of two years and eight months.

Article 422.

Any official who in r criminal case makes use o i means of coercion either to wre~ l c l~ off a confession or to provoke a statement, shall be punished by a niaxinlun~ imprisonn~ent of four years.

Article $23. Any official who with intent to ~ n l a ~ ~ f u l l y benefit himself or another b;.

misuse of power, forces soilleone to give off somcrhing, to iilake a payn~ent , to accept a withholding o i paqnient, or to perform a personal service, shall be puni,shed by n maximnni impriso~rmen: of s ix years.

Q Article $24.

Any official q h o with intent to unlawfully benefit himself or another by misuse of power, disposes of lnnds belonging to the s ta te on which Indonesian rights of ltsc are exprcised, shnll be punishet1 by n nrnxinrun~ irnpri;onnleni o i six years.

Article 425.

Being guilty of extortioll shall bc punished by n n~nxiniuni i~iiprisonnient of seven years: Ist, any official who in the cxer*.;se c i i:: ; r i~cc . demalids or accepts or 'I withholds p iyn~en t , a s bci-.:: due ; D :.;21, to another official or to a

public fund, which he knows is not due; 2nd-ly, any official who in the exercise of his service dcmarids or accepts

personal services or deliveries as bcing due, knowing t h n t thcy a re not duc:

Srd-Iy, tllc official who in the pcrforn~ancc of his service. as being due in compliance with the relative provisions, disposes of lands belonping to the s tate on which Indonesian rights of use a r c exercised to the prejudice of the rightful claimant, Lno\vin,o that he thereby acts con- t rary to said provisions.

(1.). Any official who, being in charge or' the custody of sorileone !vho by public authority o r by virtue of a judicial verdict or decree has been deprived of the .liberty, with deliberate intent allows hinl io escape o r releases hinr or .a ids him in his release o r self-relensc, shall be punished by a m ~ y i n ~ u m imprisonment of four years.

(2) If the escape, release or self-release is due to his faul t , he shall be pu~lishcd by n rrrnxinrunl light iinpriso~rnrent of twn rrronths nr a nraxinr\rnr fine of threc hurldred rupinhs.

. . . . . . . .. Article 427. . . .

(1) by a inasilrruin inr[)riso~rr~~ent of four years shall bc punished:

ls t , a n y official charged with the t racing of punisilable oifeicas, who with deliberate inte.nt does not fulfil the requirement to give proof of an u n l a ~ ~ f u l deprivation of liberty o r with delibernte intent tloes not imn~ediately ' i i v c notice thereof to' the highcr authority;

2nd-ly, nny officinl who, in the exercise of his service a f tc r having had cognizsncs that sonleone has bee11 u~rlawfullq' deprivcd o i his liberty, with deliberate intent ollrits to give instant notice thereof to nn official charged with the tracing of nunishable offences.

( 2 ) ' Any 'official through whose faul: is caused the omission describecl in this article, shall be punished by n mzsinrirnl light inlprisonnient of three nronths or a nraxinrunr fine of threc hundrccl rupiahs.

J . . .Article 12s.

.By:a .~rraxi'n~unr inrprisonn~elrt of one year four months shall be punished =ny 'Yeail' i f ' in ' institution destined f o r the ilonfinenlent of convicted persons, persons taken into custotly or persons being inrprisoned for dcbt, or of n public scirool, or lurintic asylunl, who refuses to fulfil n Ia\vful dcnrand to show anyone who has been admitted to the institution. or to show f o r inspection the register of. enroln!ent or the deed of \\-\rich n general regulation demands its rczistmtion.

. . . . . . . Article 429.

( 1 ) Ally official who, ~~versteppi 'ng his con~petencc o r without obscrvnnce cf . . the formalities dcterrnincd by general regulation, enters the house or . . the enclosed roorrr or arout~t ls in use by nnothcr ancl against his nill or..

staying unlawfully a t s:rill place, tlocs t ~ o t itr~t~~ctlintcly nlovcs nmny o:

the denland of o r on behal;' of the rightful d a i n ~ a x t , s h l l h g u i s h d by a n ~ a i m u n ~ imprisoriment of one year and iour months o r a n-rnum fine of three hundred rc:.:abs.

(2) BY ihe same punishn~eri, shall be punished any of i i ck l who, cjn the occasion of a search in a house, esceeding his pas-ers or niihouc obser- vance of th* forn~a l i t i es deterniined by general regulation, in\-?;tipate; or seized writings, books or other papers.

:. =T. - .-

Article 480.

(1) Any officjal who, overstepping his competence, causes to be produced to himseli or seizes a letter, postcard, docun~rn t o r parcel o r telegraphic news entrusted to a n y public institution of transport, r:hich is in the hnnds of a n official of the telegraphic sert-ices o r of other persozu charged with tho services of a telegraphic institution used i o r thc general good, shal! be punished by n n~axiinum in~prisonnlcnt of two years and cight 111o11ths.

(2) The same p u n i s h n i c ~ ~ t sliall bc in~pcssed upon any official who c x a r c i s i ~ ~ g his powers causes ilinlsclf to be infornlccl by ail official cf the telephonic services or by other yersons charged with the services of a telephonic insti- tution used f o r the general good, on the subject of a conversation which has taken place through said institution.

Article 431.

Any official of a public institution of transport who with deliberate intent i

and unltawfuIly opens a letter, sealcd docun~ent o r parcel entrusted to such instituion, examines i t o r reveals tlie contents to another, shall be p ~ n i s h e d by a maximum imprisonment of two years.

Article 432.

(1) .%ny official of a public institution of t ransport who with deliberate intent delivers a letter, postcard, document or parcel entrrs ted to such institution to another than the righful claimant, destroys, mislays. appropriates said letter, postcard, document o r parcel, or changts the contents or appropriates any article enclosed therein, shall be pcnished with a maximum imprisonment of five years.

( P ) If such document o r a r t i c le possesses money value, the appropriation shall be punished by a n ~ a x i m u n ~ imprisonn~ent of seven years.

Article 433.

Any official of :he telegraphic or telephonic services or any other person charged witf " . -{ision of o r with the ser-{ices o i a telegraphic or telc- phcnic in:' f o r the general good, shell be punished:

I;+ by ..ruin i n ~ p r i s o n n ~ e n t of two years, if he with deliberate intent and unlawfully reveals to another the contents of a n y news entrusted to the telegraphic o r telephonic services o r to such institution or with deliberate intent and unla~vfully opens a telegraphic o r telephonic

,

ncws, exair~ines i t 01. rcvcals t l ~ c contcnts to another:

"nd-ly, by a maximunl imprisonment of five years. if ht with deliberate intent delivers any news entrusted to the telegraphic or telephonic se-ic:. or to such institution or a telegram or ttlegkooic news to a n o c t .. than the rightful claimant, destroys, mislays or approprinre; news or amends the contents.

Article 424.

An)' official of a public institution of transpor:, of the telegra3hic or the telephonic services or any other person referred to in article 43% who

deliberate intent allo\vs another to conln~it ono of the offences mentioned in articles 431-433, or aids the other thereby as an accomplice, shnll be

by the inlprisonments and :according to the distinctions laid dos\-n in said provisions.

Article 48.5.

Ally official who with deliberate intent takes par:, directly or indirectly, ill tenders, dcli\.cries or lenses over which a t the n1ori:ent of ihc ac t he 11ns been wholly or partit~lly charged with the managemeas o r supervision, shall be puniahcd by r. n ~ a x i m n ~ n irnprisonn?ent of nine nlon:hs or a n~aximrim fine of twelve hundred rupiahr.

Article 436.

(1) Any person who, by virtue of the lnrr applicable to pi~rt ies , empowered to solenlnize n~arr iages, solcn~nires ar.'onels r.!zrrixae, knowi~ig tha: the esisting 111r.rriagr: o r i~iarringes of snicl perso:: i r o ~ ? ~ a legal obsfacle against it, shall be n i ~ ~ ~ i s h c d by a ~ ~ ~ a x i n ~ u n i i n ~ ? r i r o ~ ~ ~ ; e n t of seven year;.

( 2 ) .411q* person who, by virtue of the law apl~licable ;o parties, empowered to golenlnize niarriages, solen~nizes anyone's o:arrisge, knowing that any other legal obstacle exists against it, shall be punished by a n ~ a s i i ~ ~ u n ~ imprisonn~cnt of tn-o years and eight months or a n a x i m u n ~ fine of three hiindrcd rupiahs.

J .Article 457.

' By conviction on recount of one of thc c r i i ~ ~ c s described in nrcicles 41.5, 419. 420, 453, 4%; 125, 432, last paragrap i~ , and 436, firs: paragraph, deprivation nf the richts 111entioncd in articlc S5 thirdly and fonri'r.1:: nlng hc p~ .o~~nn~~ccc l .

CHAPTER S X I X Crin~cs relating to navigation.

Article 435. . . .

(1) Bcing guil ty-of piracy shnll bc gunishcdr 1st. by a maxin~um in~prisonnient of fifteen years, thc person rvho

enters into service or serves a s a shipper on a vesscl, knowing that it is destined to be used or is used to con~rnit acts of riolcncc in t l ~ c open sea azninst other vrsscls or against pcr.;nns nr

proper ty on board sa id vtssels, m-irhout r b e r e : ~ being authorized by a belligerent s t a t e or being part of rhe =a7.y of a r e c o s i z e d s ia te ;

2nd-l>*, by a n ~ a x i n ~ u n ~ in~priaonn?ezt of t~ve lve p a r s , any person \\.'no, knowin: of this destination o r th is use, ec:<rs into service a s a ~ l l e n ~ b e r of the crcw o n bo;~rd such vessel o r voluntxrily r c n ~ a i n s in service a f t e r hav ing becn acquainted therewith, or who belongs to the crew of such vessel.

(5 ) With absence of autliorizntion $hall be identified ihe transgresjiott of author i ty a s well a s beins provided with authorit ies emanating f r o m s ta t e s \\-aging ivar aga ins t each other.

(3) Article 69 shall not be appiicabie.

(1) Eeing guilty of coast-piracy shall bc punished by a ! n a s i ~ u u n ~ i :~~l)r i ion- nlent of f i f teen years, a n y pcrson who with the aId of a vcssel within the Indonesian sea-territory c o n ~ n ~ i t s ac t s of violcnce aga ins t another vessel o r against persons o r proper ty on board rzid vessel.

(S) By "Ii~donesian sea-territory" :hall be undcrstoocl tiac sea-territory a s is described in article l of the "Territorial S e a and Maritinlc Circles Ordinance 1939".

.Article 440. Being guilty of beach-piracy shall be punished by a ~ L X ~ I I I U I I I inlprisonnlent

of fifteen years, any person who i~shore , on o r near the beach or the mouth of rivers, a f i c r having pone thereto wholly o r parti i t l ls by jen f o r t h a t purpose, c o l ~ ~ n ~ i t s acts of violencc e p i n s t persons o r property found a t thnt place.

Article 4-11. Being guilty o i river-piracy shall be punished by n n:axi111u111 i n ~ p r i s o n n ~ c n t

of fifteen years, a n y person \vho on a r iver wi th the aid of a vessel, a f t e r having arrived f r o m son~ewherc ou boarc! a vcszcl f a r that porposc, C O I I I ~ I ~ ~ ~ ~

acts of violcnce aga i~as t another vessel o r a g a i ~ ~ s : perzons o r propcr ty on board said vessel..

Article 4-17.

By it i i a a x i n ~ u ~ ~ ~ inlpriso:an~c:~t c r i f i f t e c ~ ~ years shall be ptt~rishc.,, 211y pcrzot~ \v110 cntcrs into scrvicc o r serves a s c o r r t ~ ~ ~ a ~ ~ t l c r nr captail1 o : ~ b~!nrtl n vcjscl, kno\viag t i ~ n t i t is tlcsti~tetl to bc ~tsctl o r t11:i: it is uscd for t11c con~rnission of one of the o f fc~ lccs nicntio~icd in articlcs 433 - 441.

;; By a niasiniunr irnpriconnlcnt of t cn ycnrs shall bc punishcd ally pcrs:: \v110 ctitcrs into scrvicc o r scrvcs a s a n ~ c n ~ l ) c r nC lhc crcw on board a v c s s ~ . , knowil~g t h a t i t i s dcstinccl to bc uscd 01- t ha t i t is uscc! f o r thc c o l ~ ~ t ~ ~ i s s i o ~ t of onc o l thc offences n~cnt io~acd in :~rti:lcs 433 - 4.11, o r who r c n ~ n i ~ ~ s vo11111t;tri- ly in scrvice on board such vessel nf tcr h a v i ~ ~ ~ bcca acquninted with tltc . destination of t l ~ c resscl rcfcrrcd to abovc.

-4rticle 444.

If the acts of violence describe2 in artic!ci 42s -441 resulc in the death o i one of the persons on board the ~ i t a c k t d vessel o r of one of the assaulted persons, the skippcr, comn~ander or captain and those who have participa:od in the acts of violence shall be punizhed by capital pu&shment, life imprison- nient o r a maximum temporary imprisonn~ent of tn-en:y gears.

A r t i d e 425.

.Any person who on his own or any other's account equips a vessel with the destinatioh described in arti,-!c 43s or with intent .to co i~~rn i t one of the o i f e ~ ~ c e s doscribecl in articles 433 - -141, shall be punished by a nlasilniiii~ impri- sonment of fifteen years.

Article 446.

Any person who on his owrr o r on any other's accoun: directly or indirectly participates in the I~ i r ing out, freighting or insuring of vesrcl, knowing that it has the dartination described in article 436 or is destined to be used for the coniniission of one of t11e offences described iu articles 459 - 441, shall be pui~ishcd by n nlaximum irnprisonmcnt of twelve years.

Article 447.

.Any person who deliberately surrenders a n Indonesian vessel to sea- pirates, coast-pirates, beach-pirates o r river-pirates, shall be punished: l s t , i t he is the skipper, by n ninximun~ i n l p r i s o ~ ~ ~ ! ~ o ~ t of fifteen years; '211d-l!., ill nll other cases, by n n~nsinlum irnprisnnn~cnt of twelve ycars.

Article 4-16,

Any person OII board an Indonesian ship who unlau-fully seizes the ship, shall be punished by a mns imun~ inlprisonment of seven years.

Article 449.

Any skipper of an 111donesian ship who \vithdrars-S th2 ship f r o n ~ the owner o r thc shipping coillpany and uses it fo r his own benefit, shall bc punished by a n ~ a x i n ~ u u ~ iillprisonment of eight years.

Article 4-59.

Uy a n ~ a s i ~ ~ i u i ~ ~ i~~:prizv~iutcut of fivc years shall bc puuislicd'ar~y Ilidolitr~in subjcct \\-iti~out pcr i~!: :~ioi~ of thc 111cloi1csiail Govern iuc~~t accepts a lcttcr of nlary:? ??:J r q - ' : ? ' enters i to service o r scmcs a s skippcr or1 b w r d

. a .YCS:.C.T, 9 k n w ~ i ' : , P .. is desticed for privatccring without pcrn~ission of ;$hc.-.li.:iont?iz,~' C.. ..,:lent.

-4rticlc -151.

Any Indonesiarl subject who entcrs into service a s a i ~ l c n ~ b c r of tllc crew . 011 b0:li.d :l vcsscl, kiiowing tllnt it is tlcslirrccl o r is uset1 for ~~rivatccrir~;: \vithout

the of the Indonesian Governnient, or r tz iaini voluncariiy in service a f te r having known o i said dcstination or said use. shnll be punished by a nlLyimurn imprisonment of folrr years.

.Ally skipper of an Indonesia11 vcsscl wlio cuusci :o draw up a iilip'j ccrci- ficate of which he k r . o ~ s tha t tllc co t~ tcn t i a rc co:i:rary to thc truth, shall bc punished by n i ~ ~ n x i n ~ u n ~ ill:prisonnlelit of five ycars.

The nicllibers of the crew who participate in the drawing up of n ship's certificate of .which thcy lino\\- t h a t the contcnci a r e contrary to thc truth. shall be punished by n nrasiniunl iniprisonn~ent or' I..-;o'ycars and eight irlonths.

Article 451 tcr.

Any person who in order io fulfil thc provision o i the third paragraph of article 12 of the regulation on thc registration.or' ships, produces a certi- ficate of which he knows tha t thc coil tent,^ a re contrary to tile truth, shall be puliished by a niaximunl in igr i son~i ic~~t of five years.

(L) Any pcrsoii who, in the record of.evidc.nce of a sliip's ccrrificate causcs to inscrt a false s ts tcment concerning a f a c t the t ru th of which niust bc given proof by the deed, \vith intent to use said deed 'o r to cause i t to be used by others, a s if his statenient wcrc in accordancc witll thc t ruth. shall, if froni said usc an injury niny arisc, Ss ptii~ishecl by n I ~ I ~ I S ~ I I I U I I I

jmprisol~i~irnt of eight .\'ears.

(2) \Irith the sa111e puiiishiuerit sh i~ l l bc punishctl any persoli who with dsli- berntc intent ninkes use of the deed ns if thc. conteriis were in accorciancc with the truth, if fruni snicl use an injury n:ny arise.

The skipper of a11 Indonesia ship who, af ter coml~iencen~ent of the

rt rccrt~itnient or of the eligagenient of the liienibers of the crew ancl bciore tcrlilination of his cntltract clclibcrately and un ln \ tu l lp withdraws hinlaelf from the lcsdcrship of thc ship shall be punished by -a 'niasinium-iniprijonment o f two ycars and eight months.

Article 4.54.

Rci i~g guilty of desertiori, sliall I)c ~>unislicrl by it i ~ i ; ~ s i ~ u u ~ i ~ inlprisonmcut Or onc ycnr al~rl four IIII!I~~~IS, n11y crew I I I C I I I I ? ~ ~ n ship w h l ~ c u n t r a q to his duty itrisir~g iron1 thc work a~rcen icn t . \\.itlidrn~vs ironi scrvicc on board an 111doncsia11 sliip, if bccausc of ttic circun~stanccs in \vhiclr hc actcd, dahgcr for thc ship, those on board the ship, or thc c : lyy i:. f ~ : : ' .., . , ".

. , . -. , ' ;:1:1< 9 5

' ! Article 435. ,,'lG.. . . I . - Beill: guilty of n ainrple dcscrtiun, shnll ]>c pc~nishcd by a ni;~sinrui>i inlpri-

sonillcnt of four months arid two wccks, any shi!>liintc \\-l10 \cillr dclibcrnlc intcnt and i~n la \~f t i l lp cloclr l ~ o t 1i1:1l.;c o r does lint cnntinllc n voyazc to which . hc has Itccr~ c r ~ m ~ c t l OII nn Irrclor~csii~~i s l r i l r .

Article 456.

.Irticle 457.

Thc punishnlents laid dosv11 in articles 434 and 433 may be doubled, if two or more persons jointly or a s a result of a conspiracy commit thc crime.

Article 436.

(l) Any ship-owner, book-keeper o r skipper of an I~ldonesian ship who takes a crew melllber into his employ, knowing tha t one month has not yet elapsed since this person has withdrawn himself fronr his engagement with an Indo~resian ship in the manner described in cze of thc a r t i c l ? ~ 454 or 455, shall be punished by a nlaxinlun~ in~prisonnlent of four months alld two weeks or a n~axinluni f inc of three hundred rupiahs.

(2) Kot punishable shall be the fact, if the taking into employ takes place outsidc Indonesia with the permission of the Indonesian Consul, or, if he is absent, a t the request of the local authority.

Article 439.

(1) Any person on board an Indonesian ship who on board the ship factually assaults, by violence or threat of violence resists against the skipper or with deliberate intent deprives h i n ~ froin his liberty to nct, o r the crew nrenlber who on board the ship or in service coulnlits s i l i~i lar offences against a superior in rqnE;, shall, being guilty or i~lsubordination, be punished by n ~lrasinlunr iniprisonnient of two years and eight months.

(2) The offetrclcr shall be punished:

l s t , by a m a x i n ~ u n ~ intpr isonme~~i of four years, if the c r i ~ r ~ e or the nccon~panying assault and battery result in a physical injury;

2nd-ly, by a n~arinrtrnr iniprisonnlcnt of eight years and six months, if said acts result in a serious physical injury;

S 3rd-ly, by a maximunr imprisonnlent of twelve years, if said acts rcsult .in death.

Article 460.

( l ) Insul)orJi~ralion con1111ittcc1 bp two o r IIIOVC uliitcd pcrsolis shall, a s ~ i t u t i ~ ~ y , b~ punishcd by a maxinrum in~!lrisonnrcnt or scvcu ycars.

(2) Thc offender shall bc punishcd: Ist, by a nia~inru;: iniprisonnlent of cight years and s i s months, i i

thc criri6r. (.PI crittcd by hint or thc assault and battery thereby commi:tra by h i n ~ , rcsult in a physical injury;

i 2nd-Iy, hy a nlasinruni i~i lpr isonn~cnt of t\rpclve ycars, if said acts rcsult

in a serious physical injury; 3rd-I-, by a n i ~ s i n ~ u u r irllp~.isnnnlcnt of fiftccn yc;trs, it said acts rest111 .

i l l rl*:ntl~.

-&IS. person who on board a n Indonesian ship instigaies ro m u : k ~ on board said ship, shall be punished by a rnax i r ; :~ .~~ in~prisonment of years.

,

Article 461.

Refusal to obey orders coninlittcd by two or nlorc crcu- l ~ l c n ~ b c r s of an Intloliesian ship jointly or a s a result of a conspiracy, shall be punished by a mas imun~ imprisonment of two pears and eight months.

Article 163.

Any crew in~euiber of a11 Indonesian ship who, airer having been disci- p l i ~ ~ a r i l y punished on account of refusnl to obey orders, persists in his relusnl shall be punished by a nlaxinlunl imprison~l~ent of nine months.

Article 464.

( l ) By a nlasirnunr in~grisonmcnt of nine months o r a i ~ ~ a s i n ~ u ~ ~ r fiuc of threc hundrcd rupiahs shirll bc p ~ ~ n i s h c d any pcrson on board 3x1 Indo- ~lcsian ship:

ls t , who with deliberate intent does not obey a n order of the skipper given to the interest of security o r fo r maintaninp ordcr and discipline on board;

2nd-ly, who, k n o ~ v i l ~ g tha t the skipper has been dcnrived of his libcrty to act, does not coine to the rescue to his ability;

Srd-ly, who having k~lowledge of a n intention to conlnlit inauborciinaiio~~, with deliberate intcr~t rcfmini f rom till~el!. n o t i f y i ~ ~ g thc skipper thereof.

(2) The provision mentioned under no. 3 shall not bs applicable, if the insub- ordination does not follow.

S Article 48.5.

The punishments laid ciown in articles 448, 451, 45: and 455 ancl 4.53 - 464 nlay bc enhanced by one third, if thc offcllder of onc of the c r in~cs described in said articles is a n off'lcr of the ship.

Article -16G.

.Any skippcr of nn Indonesian ship who, with intcnt lo bc l~r f i t hi~llsclf o r another o r to concca: auch bencfit, eithcr sells the shir . c r I.. :r3\vs nroncs OI? t l ~ u ship, the skip's acccssorics or thc ship's provision i . : - 'or pledgcs 200ds of the cargo or of thc ship's provisions, or ente:, :.!,-cntcd IOSSCS or cs~~c:rditures into a c c o u ~ ~ t , or docs not scc to i t t!lat on board lhc rcquircd j n u r ~ ~ a l s a r e kcpt according to thc statutory provisions, o r docs. no: cart for thc preservation of the ship's papcrs \\-hen Icaving thc ship, shall bc . ;~tlt~ishctl 11)- n ~ I : I S ~ ~ ~ I ~ I I : I ~ I ~ ~ ~ ~ ~ ~ C ) I I I I I C I I ~ or SCVCII ycnrs.

Article 467.

Any skir . : . .~ of a n Indonesian ship, who with intent to unlawfully benefit himself or s..oiher o r to conceal such benefit, changes his course, shall b, punished by a maximum imprisonment of four years.

Article 46s.

Any skipper of a n Indonesian ship who unnecessary or in violation of the law applicable to him, -leaves the ship during the voyage and also orders or allows his ship's crew thereto, shall be punished bp a n ~ a x i n ~ u n ~ imprisonnlen: of five years and six months.

Article 469.

(1) Any skipper of a n Indonesian ship who unnecessary and without prior knowledge of t h e owner o r of the shipping company, commits or pernlits acts, knowing t h a t said acts nlay subject the vessel or the cargo to seizure, detention or stoppage, shall bc punishcd by a nlnsi~llunl i~llprisonnlcnt of one year and four months or a nlasin~unl finc of six hundred rupiahs.

(2) . h p person on board a ship who unnecessary nlld withou: prior k~lo\vlcd,cc of the rkippcr with said knowlcdgc, con l~ l~ i t s said acts, shall be punishcd by a n~axi~l lul l l imprisonnlcnt of one year or a n ~ a x i n ~ u l n f inc of six hundred rupiahs.

Articlc 470. Any skipper of a n Indonesian shi? who with deliberate intent and unne-

cessary does not procure for a person on board the ship tha t which is due to procure for hint, shall bc punishet1 by a nlaxinlu111 inlprisonnlent of two years and eight nlollths or a nlasinlunl finc of thrcc hundred ri1piah.i.

Article 471.

Any skipper of a n Indo~lesia~l ship u?ho with deliberate iritcat and unnc- cessary or in violation of the 1n:v applicable to him throws ansay goods, shall be punished bp a m a s i ~ ~ ~ u n ~ iarprieonnlc~t o i two ycara and eight nlonihs or

Z a l l l ax in~un~ fine of three hundred rupiahs.

Article 472. +

Any persou who with dc l ik ra tc i l l t c ~ ~ t and unla~vfully destroys, dalllagcs or renders uselcss cargo, ship-supply or ship's proris io~ls prcscnt on I~onrd n vcssel, shall bc ~ u n i s h c d by n n ~ a x i ~ l ~ u ~ ~ l i~ l lp r i son~l~cnt of two ):cars nntl ciyht lllonths or a nl;lxinlunl finc of thl-cc huudrcd rupinhs.

ArticIc -1.72 bis. , .

- .. Any person who travcls nlo~lg a s - P s t~ \va \~ \ .ny on boa:.' a vcsscl, sllall bc Nnished by a nlaxin~unl in~prisonmcnt of threc mo:.:'

; i Articlc 473.

Any skipper who fiics thc Indo~lcrisll f lag knowing that IIC is not t l~crcto authorized, shall bc punishcd by n ninxi~nunl imprisonnrcnt of onc ycnr n~:d foilr nlonths or n nlnxinlu~~! fine of thrcc hu~tdrctl rupinha.

l &tide :74.

Any ski???: who by carrying a disiing-~ishi11,- niark wiz:? del jkrate j3ttnt

gives his vessel :Le app=arancc if it were an Indonesian xarship;: a vessel oi the navy, or a pilot-vessel in service in Indonesian waters or river mouth, shall be punished by a ~ n a x i n ~ u n r in~pr i son~ueni or' four n~onths and ewo weeks or a nuximum fine of three 'huudrcd rupinhs.

Article 4.75. Any person who unnecessary acts as a skipper, steersman or engineer on

board a n Indonesian ship, .knowing that he has been released by the competent authority from his power to sail a; such or1 bonrcl a n Indonesian ship, shall b~ punished by n n~axinrur.: i n ~ p r i s o l l ~ ~ ~ e n t of nine nlonthj or n maxinrun~ f ine of six hundred rupiahs.

.Article 476. Any skipper of an I ~ ~ d o n a s i a n ship who withou: valid reasons rcfuscs to

n ~ e c t a stntutory denland t o . t ~ k e aboard a n accused or convict along with the docuu~ents relating to his case, shall be punished by a n ~ n x i n t ~ l n ~ inrprisonll~ent of four months and two weeks or a l~rns in lun~ fine of three hundred rupiahs.

Article 47.7.

(1) Any skipper of a n Indonesian ship who with deliberate intent allo\vs to escape or releases a n accused or ,convict whom he has taken aboard on r statutory den~nntl, or aids hi111 in his release o r self-release, shall be ~ ~ u n i s l ~ e c l with a I I I ~ S ~ I I I L ~ I I I i~~~!~riao:~n!cnt of feu!. years.

(2) If the esca!lc, rclcasc or sulf-rtlcnsc is duc to his f:~ult, hc shall bc punished b . n n ~ a x i n ~ u ~ : ~ lighi impriso~luler~: of two n~onths or 3 maxiruunl fill2 of three hu~lc!rcd rupiahe.

Any skipper of a n Indonesian vessel who with deliberate intent does not meet his obligation, which under the f i r s t paragraph or article 3.5Ea of the

J Coll~~nercial Code rests on him, to extend aid if his vessel has been involved in a collision, shall be punished by a maxinu~rn inlprisonn~ent or' four ?'cars.

. . Article 479.

In sentencing on account of onc of the crin:cs described in articles 43s --[:g, 466 and -1G7, dcprivntion of' thc rights n?entioncd in article 35 nos. f i r s t to fourthly may bc pronounced.

CFIXPTLT. SSIS .l

!.l .a . Crin~cs relating i o ;1s;:::!i.31r and aviation facilities.

' t Articlc : i i 3 n.

( 1 ) .-\ny PCrS011 who with dclibcrntc intcnt and unlawfully rcndcrs usclc:s @r damages a buildiug usccl for s:~fcgu.?rdi~lg air navigation or frustrates measures for safeguarding said builrlinc. shall bc punishcrl hy n n ~ n s i r n n l ~ ~ . i ~ l ~ p r i s o n n ~ c ~ ~ t of sis yc:tr~.

(2) By a ruaxinrunl imprisonnrent of nine years, if on a c c o u t of said act danger is caused to the safety of a i r navigation.

( 3 ) By n maximum punishnrent of fifteen years, ii on accoun: of said act, death of a pcrson is caused.

Article 479 b.

(1) .Any person who by negligence muses destruc;ion, incapability of use or damage of a building used f o r safeguarding air navigation, or frustr=tion of nleasures f o r safeguarding said building, sha!l be punished by a niaxi- mum imprisonnrent of three years.

(2 ) By a masirllual imprisonnrent of five years, ii on account of said ac: dangcr is causcd t o the safety of a i r navigation.

Article 459 c.

(1) Any pcrson who with deliberatc intent and unlawfully destroys, dan~nges, renrovcs or displaces a sign or a n ins t run~ent for safeguarding a i r navi- g0ti011, o r f rustrates the operation of said sign or instrunrent, o r placcs a w o n g sign or instrunrcnt, shall be punished by a n~aximunl inrprison- ment of six years.

(2) By r n ~ a x i n ~ u n ~ in~prisonnre~rt of nine years, if on accoun; of said ac; danger is caused to the safety of a i r navigation.

(3) By a n ~ a x i n ~ u m imprisonnlent of twelvc years, if on accoun: of said act danger is cnused to the safcty of a i r ~ravigation and disaster of the aircraf t is caused.

(4) Ey a lllzrsinru~n i m p r i s o ~ r ~ ~ l e n t of fifteen years, if on aczount o i said act danger is caused to the safety of a i r navigation and death of a person is caused.

Article 459 d.

4 Any person who by ~regligence causes dcstructlon, re~rroval, displacenren: of a sign or an ins t run~ent f o r safeguarding a i r navigation or cagses a sign or an instrunrent fo r safeguarcling a i r navigation not to bc operated or causcs its nlisplncement, shall be punished:

a. by a nlarimunl imprisonment of five years, if on account of said act unsnfet!. of a i r navigation is causccl;

b. by :I ~ ~ ~ a x i n r u l r ~ inrpriso~rlr~cnt of five ycilrs, if on nccount of saicl act disastcr of the aircraft is causcd;

c. by a nraxinlunr ir~rpriso!lnrcnt of sevclr years, if on account ':.iic! ; . death of a person is caasee. J

Article -173 c.

.Any person \\*h0 with dclil)cmtc i~rtc::t a ~ r d unlawfully dcstruys nu aircraft o r clruses d a ~ u a g c to a n aircraf t \viric!r \rholly or partially bclorigs to a~rotlrcr pcrson, shall l)c punishcd by n niaxi~nunr inrprisonn~cnt uf I I ~ I I C ?.cars.

Article 479 f.

- l y person who with detiberatc intent and unla~~Yully muses clisster a n airc-ait , destroys, rend - ; all a i rcrai t incapable of us: or damages a n aircraft, shall be punished: e. by a n~asiniuni iniprisonn~ent of iiftcten ycsrs, if on account of said act

danger is caused to the life of another person; b. by life iniprisonment or a nlaxirnum imprisonnient of twenty years, if on

account of said ac t death of a person is caused.

Article 479 g. . b y person wiho by negligence causes disaster or destructioli to an aircraft

or causes a n a i rc ra f t to be rendcl-ed incapable of Llie or causes dan:age to an aircraft, shall be punished : a. by n ninsinium imprisonment of five ycars, if on account of said act danger

is caused to the life of another gcrso i~ ; b. by a maxin~uni in~prisonnielit of seven years, if on account of said act

death of a person is caused.

Artic!e 4.79 h. ( I ) Any person who with intent to benefit hil~iselt' or another, unlawfully,

to the detriment of a n insurer, causes a f i re or an ex!~losion, disaster, destruction, damage, to an aircraf t o r cairscs an aircraft to be rendered incapable of use, of which the aircraf t itself or its cargo or the fee due for t h e transport of the cargo has been insured against above mentioned accidents or of which the insura:ice money f o r the cargo has been paid. shall be punished by a maximuni imprisonment of nine ycars;

( 2 ) If the aircraf t mentioned in paragraph (1) of this article is a n aircraft in flight, the punishment shall be a n ~ a x i n ~ i ~ l ~ i in~prisonnient of fifteen years;

(3) Any person who with deliberate intent to benefit himself or another, unlawfully, to the detriment of m insurer, causes disaster to a passnngcr of nn aircraft, which has been insured a ~ a i n s t accidents, shall be punished: a. by a maxin~uni imprisonment of ten gears, if on account of said act

serious physical injury is caused; . b. by a maxiniuni iniprisonnient of fiftecn years. if on account of said

act, r'eath of n pcrson i s causcd.

-4rticlc 474 i. -4ny person who on board an aircraft, unlawfully seizes or maintains the

seizure, or exerc i se control of tha t a i rc ra f t while i t is in flight, shall be pnrishilj. by a maximum imprisonment of twelve years.

I .. Article 479 j.

Any person who on board an aircraft, by forcc or threat thereof, or h?. any other form of intimidation, seizes or maintains the seizure, or cxerciscs control of t h a t a ircraf t whilc i t i s in flight, shall he punishcd h? a rn~x iml lm iniprisonnient of fiftecn years.

(1) Life imprisonnlent o r a maximum imprisonnlent of twe2ty years, shall bc imp3:ec! i f t h e act mentioned in article 479 i and art::!. 479 f: a. is comrrli~ted by tiro o r more persocs joint!^; b. is a continuation of a conspiracy; c. is committed with premeditation; d. causes serious physical injury to a persoli; e. causes $amage to said aircraf t , such t h a t its nai-igation may be

endangered ; f. is committed with intent to deprive a person of his liberty or to

n~aintnin the deprivation of liberty of a person. . - .--. (2) If said act causes the death of a person or the destruction of said aircraft,

the punishnlent shall be death punishment o r life imprisonn~ent o r a n lax imu~l~ inlprisonnlent of twenty years.

Article 479 l.

d n y person who with deliberate intclit and unlawiully per forn~s an act of violence against a person on board a n aircraf t in flight, if that a c t is likely to endanger the safety of tha t hi'rcraft, shall be punished by n nlasimuni imprisonment of fifteen years. .' . . . . . . . . . . . . .

... Article 459,111.

Any pcrson who.with deliberate intent and unlawfully damages a n nircr.2ft in service or causes. damage to such a n aircraf t which renders i t incapable 0:

f l ight or which is likely to endanger i ts safety in flight, shall be punished by a niaxinlunl imprisonment of fifteen years.

Any person who with deliberate intent and unlawiully places o r causes to bc placed on a n aircraf t in service, by a n y means whatsoever, a device or substance which is likely to destroy t h a t aircraft, o r to cause damage to it.

3 which renders it incapable of flight, o r -causes damage .to i t which is likol. to endanger its safety in flight, shall be punished by n nlnximun~ inlpr ison~~lcnt of fifteen years. . . .

( I ) Life inlprisonment o r a niaximuni 'imprisonment of tii-cnty years, shall be imposed if the act.nlentioned in article 4'79 1, article ::gm, and article 479 n: a. is committed by h o or nw:? pcrs2ns jointly: b. is a continuation of a cc?.:. :ra>jv; -

'! C. is committed with preme?i:-(.ion; ,

d. causes serious physical injury to a pers0.n.

(2 ) If said act causes the death of a person or the destruction of said aircraft, the punishment shall be death punishrncnt o r life imprisonnient o r a niaximum imprisonnient of twenty years.

Article 479 p.

-Any person who conlniunicates information which he hen-S to be fn!se , ..iereby e n d n n ~ e r i n g thc sa ic ty of a n a i r c ra f t i r ~ f l ight . i t ; ; r l : be pun'izhed Lp :I n ~ n x i n ~ u n ~ iniprisonnlent o i f i i t een yanrs.

Article 479 q.

Any person \\-h0 on board a n a i r c ra f t performs an a c t which mny jeopardiza the safe ty of the a i r c ra f t in fl ight, shall be p~r r~ i shed by a maxinlum imprison- nrent of f ive gears.

-Article 179 r.

A n y person \\-h0 on baard a n a i r c m f t p e r f o r n ~ s nlr ac t which nrny jeopardize good order and discipli~re or1 board t h n t a i rcraf t in f l izht , s h d l be punished hp n nlnxin~urrl imprisonnler~t of O I I C ypnr.

C H A P T E R SSS

.Receiving stolen property, publishing and printing. . . . . ... . . .

Article ?SO.' C q\h'j By a n ~ u s i n i u n ~ in~prisollllrent of. four ,ycars o r a nraxiniuln f iue of s ix ty

rupiahs. .sh;lll be. punished: . 1st. being gui l ty of receiving stolcn property, a n y person who buys, hires.

takes itr eschange, takes as security, accepts a s a gifc, o r ill pursuit of gain, sells, hires out, disposes in eschnnge, gives a s security, carrias, keeps o r hides a n object of which Ire knows o r reasonably shoultl pre- sunre thn t i t h a s bee11 obtained through n crime;

2nd-ly, a n y person who takes a d v a ~ t a g e fronr the yield of a n object of \\-hicl! tic knows o r reasonnbly shoulrl prcsiinle t h a t i t has been obtainctl

i! through CI c r in~c .

Article :S I .

(1) Any person who makes a hdbit o i inter~tionnlly buying, exchanging, tzking . ns security, keeping o r hiding of objects obtained through a crime, rhal! . be punishecl ,by n nraxinlun~ inlprisolliircnt of seven years.

['1) Tile offendcr nlay be rieprived of the r i zh t s nlcntioned ill article 35 nos. f i f s t to four th ly < r i m the pertornlance of the profession in which h? has committed the crimc.

' i fi?!icle 4s". T h e offendcr describ'crl in ar t ic lc -Id0 s l~nl l , of the criluc t h r o u g l ~ which

the object has bccn obtained is onc of tlic cr i l l~cs described in articles 361. 372 and 379, ns sinq>ic receiving of stolcn propcrtp, bc punished by n maximum i~nprisonm'cnt of three nlo~l ths o r n nrarilnrrlr~ fitic o r s ix ty rupinhs.

Article 463. -1ny person who publishes anv \ \n i ing o r any PO.*-itit of a punishable

character, shall be punished by & maximum imprisonment of one year and four' months or a maximum light imprisonment of one year or a nlaxinlum fine of >hree hundred rupiahs, if:

1st. the principal is neither known, nor h a s been made known a t the first warning af ter a t rue bill has been found;

2nd-ly, the publisher knew or had to expect t h a t the principal a t the monlent of the publication k o u l d not domiciled outside Indonesia..

Article 4s:. Any person who prints a writing or a portrai t of a punishable character,

shrill be punished by a maximum imprisonment of one year and four months o r n n ~ a x i m u n ~ light imprisonment of one y e a r or a maximum fine of there huntlred rupinhs, if: l s t , tile person by whose order the document has been printed is neither

known, nor has been made known a t the f i r s t warning af ter a true bill has been found;

2nd-ly, the printer knew or had to expect t h a t the person by whose order the document has been printed, a t the n~onlen t of the publication would not be criminally prosecutable o r would be domiciled outside Indonesia.

Article 185. If the nature of the writing or portrai t produces a c r i n ~ e which is prose-

cutable only upon complaint, the publisher or printer may in the case of both foregoing articles be prosecuted only upon complaint of the person against whom the crime has been committed.

CH.4PTER S X X I

Provisions relating to recidivism common to various Chapters.

Article 486. Thc imprisonnlent laid down in articles 127, 80-1, f i r s t paragraph, 844-?CS,

253 -860 bis, 263, -26.t, 266- 26S, 275, 362, 363, 36.5, first, second and third paragraph, 368, f i rs t paragraph nnd the second paragraph a s f a r a s iherein referred to the second and third pamgraph of articles 365, 369, 372, 274, S i 5 , 273, 380, 351 - 353, 355 - 3SS, 397, 399,400, 402, 415, 11C,125, 432, l as t paragraph, 452, 466, ?SO and 481, and also thc imprisonnlent to bc imposed under articles 204, second paragraph, 366, fourth paragraph, and 365, second paragraph, ns f a r as i t is referred to the fourth paragraph of article 365, may be enhanced with o- i during the comnlission of the crime f i r e years have not >, . t elapse .I. person found guilty has wholly or partially served an in~!!,~-

'fionn~ gosed upon hini eithcr on account of one of thc crimes described in said articles, or on account or onc of the crimes referred to in one of thc articles 140- 143, 146, and 149 of the hfilitary Criminal Code, o r since said sentence has beell wholly remitted to him; o r if during thc con~mission of thc . crinlc the r icht to csecution of snicl sentence hns not yct expired.

Article 4%.

The imprisonment laid down in articles 130, f i r s t paragraph, 131 - 12" 140 f i rs t paragraph, 111, l i C . : 33, 214, 33S, 311, MS, 314, 317, 3:S, 331, 333 - 33;, ~ 3 6 - 443, d59 and 460, and also the imurisozn~ent to be imposed under articles 104, 105, 130, second and third paragraph, 140, second and third p a r a s a p h , 339, 340 and 444, may be enchanced with one third, if during the cninrr.ission of the crime five years have not y e t elapsed, since the person found guilty has wholly or partially served the imprisonn~ent imposed on him either oil account of one of the crimes described in said articles, o r on a c c o ~ n t of one (#I' the crimes referred .to in one of articles 106, second and . third paragra?h. 107, second and third praragraph, 108, second praragraph, 109, a s f a r as the committed crime or the thereby committed assaul t and battery result in a physical injury or death, 131, second and third paragraph, 137 and 13s cf the Military Criminal Code, or since said sentence has been wholly remitted to him; or if during the commission of the c r i n ~ e the right to esecution of said punishment has not ye t expired.

-1rticle ASS.

The punishments laid down in articles 184 - 136, 1-12 - 144, ?bi , 205, 310 - 321, 483 and 484 may be enhanced with one third, if during the commission of the crime five years have not y e t elapsed, since the person found guilty has wholly o r partially served a n iinprisonnlent pronounced against him on account of one of the crimes described in said artic!es, o r siiice said punishment has been W-holly remitted to him; o r if during the c o m ~ ~ ~ i s s i o n of the crime the r ight to execution of said punishment has not ye t espired.

BOOK 111.

I\llisdemeanours concerning the general security of persons and

property and the public health.

Article 489.

(1) 3l;schief committed against persons or property, w5areby danger, injury o: ;nconvenience may nrive, shall be p u n i z : ~ ~ - 1:: .:. maximum fine of <;teen rupiahs. . .; c e r ; ,

.cl: ' ':-L.; If during the comnaission of the misdcn~ennour o i ~ c year has not yct

elapsed, since an earlier conviction of the person found guilty on account of 3 similar misdemeanour has become final, instead of the fine, a maximuna light imprisonment of three days may be imposed.

;?y a maximum light imprisonment of six dnys or a maximum fine of twer.;y five rupiahs shall be punished:

. . Is t , any person who sets a n animal on a man o r on a n aninlal k i n g ridden,

put before a carriage or a t ransport vehicle o r carq-ir.g a load;

2nd-ly, any person who does not restrain an animal under his care, U-hen i t . assaults a man or a n animal being ridden, pu t before a carriage or

. . a transport vehicle or carrying a load;

3rd-ly, ' a n y .person who does not take adequate care of keeping harmless a n dangerous aninial which is under his protection;

4th-ly, any person who keeps dangerous wild animals without notifying thereof the police o r another official designated by the police, o r does not obsen-e the rules concerning the mat te r given by the police or said official.

Article 491.

By n masimum fine of fifty rupiahs shall be punished: 1st; ' any person who being charged with - t h e surveillance of a lunztic

dangerous f o r himself and for others, allon-s said lunatic to wander unguarded;

2nd-ly, any person who being charged with the surveillance 0 i . a child, lea$-es it unguarded so t h a t by so doing the child itself or others may be .endangered.

Article 492.

(1) Any person who, while being in a s ta te of drukenness, either in public obstructs the t raff ic or distu'rbs the public order, o r thrcntens the security of nnother person, or performs nn act whereby, for the prcvcntion of

\t danger of life o r health of third 'parties, ipecial cnution or prccnr~ticn arc required, shall be punished by ? .n~asjmunr light imprisonnlcnt of six days or a mnxin~unl fine of twenty five rupiahs.

(2) If during the commission on said misdemeanour one year has not yet elapsed, since a n ear1ie.r conviction of the person.found guilty on account of a similar misdeameanour o r the misdeanleanour described in article 536 has become final, he shall be punished by a maximum light imprison- ment of two weeks.

-4rticle 432. : .* Any person who .unlawfully u i ~ the publi?. road obstructs another to nlovc

a t liberty or with one or morc others keeps obtruding hililsclf upon nnother n-in'st his explicity declared will o r kceps follocvin~: him in a n annoying manner, shall be punished by n maxinlun~ light imprisonnlcnt of onc month o r a niaximuni f ine of three hundred rupiahs.

.Article 49:.

By a waxin~urn f iuc of twenty f ive rupi:hs shall be punished:

1 , any person who does not see to i t t Z i c a digging up o r all excovscidn tnade by him or by his order on a public road o r a n object placad by him or by his order on the pnblic road is properly i l l u n ~ i n s t ~ d snd provided with the usual s igc i ;

2nd-ly, any persbn who dur ing a n operation on o r a t the side of the public road does not take the necessary measures to warn passers-by agains: possible daneer ;

Srd-ly, any person who places soniething on top of o r against o r throv-s o r pours 'ou t something o u t of a building, in such n ninnrier tha t by so doing sonicotie rvho ~ i l akes use of a pilblic road nlay ba injured;

?th-ly, any person who 011 the public road leaves a tiding-, d raugh t - o r pack- animal, o r cattle which he transports, without having taken precau- t ionary illeascires required against causi:ig danger;

5th-ly, any person who on the public road allorvs cattle t o walk about without having taken the precautionary measures required against causing danger;.

6th-ly, any person who without the pernlission of the appropria te authority blocks a public land- o r water-way o r obstructs the t raff ic on said way, o r who causes such blocking o r obstruftion by, ineffective use . . of vehicles o r vessels.

Article 495. ,

(1) .-\ny persorr who without the pcrn~iss ion of the head of t h c police or of the official thercto designated by the hcnd of thc policc, in all a rea t h a t used t o be frequented by people, places mantraps , traps, catch-noose; o r other objects servitrg to catch o r kill wild animals, whereby danger i o r the public ruay be caused, shall be punished by a niasimunl fine of twenty five rupiahs.

(2) I f dur ing t h e conin~issiotl of said n~isdenreanour one yea r has not ye t elapsed, since a n earlier conviction of the person found guilty on account of a similar misdemeanour has become final, instead of the fine; r maxi- mum l ight imprisonment of s ix days mal; be imposed.

Article $96.

Any person who without the perniis'sion of the head of thc police o r thc official 'thereto designntcd by the head of t h e police, se ts f i r e to f ' s own real property! shall .be punished by a iriarinrunr f ine of f i f ty rupiahs.

Article 497.

By a mnxin-.r. . ' .e cf twenty f ive rupiahs shall be punished: ;!st, a n y perso;. \Yho- on o r at t h e side of a public road o r at 3 . ,.

d i s b n c e fronl buildings o r goods, so t h a t danger of f i r e ni3y be c;L>L,,, either l ights n f i r e o r unnecessarily discharges a fire-arm;

2nd-ly, nny person who lets o f f a balloon to which burning niaterials have been attached.

Articles 495 and 499.

Abrogated.

Article 500.

Any person who without the permission of the head of the police o r the official thereto designated by the head of the police, produces ginpowder, percussion-caps o r cartridges f o r fire-arnrs, shall be punished by a rnaximunr light imprisonn~ent of ten days or a maximum fine of f i f ty rupiahs.

. Article 501.

(1) By a nrakimum fine of twenty iive rupiahs shall be pun'ished: Is t , any person who sells, offers f o r sale, delivers, distributes o r has

in stock for sale o r fo r distribution falsified or urrsound fuud or beverages, o r milk originating f r o n ~ sick animals or which nray be harmful to thc health;

. . . f?nd:ly,. a n y pergon. who \\ithout the pernrission of t h e head of :he po!icc ... . '<r of tt;e.'official thereto designated by the head of rbe police, sells, offers f o r sale, delivers, distributes or has. in. stock f o r

.. .. . ' .sale -or f o r distribution. meat of cattle tha t has been killec! because - - of a disease br' has died -naturally. ....

(2) If. du;ing the commission of said nrisden~eanour two years have not ye t elapsed, since an earlier conviction of the person found guilty on account of a sinrilar misden~eanour has beconre final, the said f ine may be substituted by a nraxinrun~ custody .of s ix days.

Article 502.

(1) -4ny person who, without the permission of the thereto ap3ropriate authority, goes hunting or carries a gu:rriile ill state's forests where performing such an ac t without permission is prohibited, shall be punished by a maxinlun~ light imprisonnrent of one month or a maxinxnr fine of two hundred rupinhs.

.S (21 The ganrc caught o r shot and the tools o r arnrs with which said nrisclc- mcnnn:lr has hccn committed, nlay be fnrfeitcd.

CHAPTER I1 Blisden~eanours relating to public order.

Article 503.

By n nr:ixin~unr light inrprisonnre~rt of three days 0- .- - .:ILIIII fitre O f

f i f tee~. rupiailg .shall bc .punished:

;;lst, cny person 'who causes tunrult o r disturbnncr : .cuy the nocturnal tranguility m a y . be disturbed; . . .

2nd-ly, any person who causes tunluit near buildings destined for n la\vful divine service or f o r the administrntiol~ of justice riurinr n scr:icc or n session.

(1) -Any per.;?:: who begs alms in public, shall, being guilty of b e ~ g i n ~ , be punis::=< by a maximum light inprisonrnent of s u weeks.

(3 Begging committed by three or =ore perions above the age o i sixteen years, sha!l be punished by a maximum light imprisonment of three months.

(1) Any Ferson who roams about without means of subsistence ska!l, being guilty of vagrancy, be punished by a n ~ a x i m u n ~ light imprisocment of three months.

(2) Vagrancy committed by three or more persons above the nge of sixteen years shall be punished by a maximum light imprisonn~ent of six months.

Xrticle 306.

Any person who a s souteneur takes advantage of the prostitution of a woman, shall be punished by a maximum l ight imprisonn~ent of one year. . . ... . . . . .

Article 507.

By n n ~ a x i l i ~ u n ~ f ine of hundred and f i f ty rupiahs shall be punished:

Ist, any person who without being thereto entitled, carries an Indonesian title of nobility or a mark honour;

2nd-ly, any person who without the permission of the President, where this is required, accepts a foreign insignia, title, rank or dignity;

3rd-ly, any person who, asked by the competent authority f o r his nal:le, s ta tes a false name.

. Article 505. . . 3 - - Any person who without being thereto entitled, makes u;e, even if with

a slight deviation,. of n name or of a distinguishing token, of which the use .by virtue of a stntutory provision is explicitly awarded to an association'or to

. ttiG-ljetsoi-inel 'of an bssociation or to tiie pcrsollnel 'of thn n~edicil . seri-ice of ttie a imy, shall be' punished by a mnximun~ light imprisonhlent '6i' one. month or a maximum' fine of three hundred rupiahs.

Article 508 bis.

Any person who in public without b e i ~ r . -.hereto entitled, wears a garb, ;;which shows such 'resemblance t o the off-.isi ' garb, fixed i o r o:ficials or functionaries in service with the state, with a11 autonon~ous region of',"subak", tha t he may reasonably be taken f o r such official o r functionary, shall' be punished by n ' rnaxin~um light imprisonment of one month or n maximurn.fjne of thrcc I~untlrcd rnpinhs. . .

Article 509.

Any person who, without being thereto enti-!ed, lends out money or 1;cperty of which the amount or value does no t e x c ~ e d one hundred rupiahs on security, or in the form of sale with the right of re-purchase or in ihe form of a commission agreement, shall be punished by a maximum light impri- sonment of three months o r a nraximum fine of one thousand rupiahs.

Article 510.

(1) By n maximum fine of twenty five rupiahs shall be punished any person who, without the permission of the head of the police or of the oificial designated by the head of the police: 1st. s tages of public festivity or a n nnrusc~rrent; 2nd-ly, stages o. processiol~ on the public road.

(2) If said procession is staged in order to make desired known in an awe-inspiring manner, t h e guilty pcrson shall be punished by n ~ r i ~ s i r r ~ u ~ r r light inrprisonn~ent of two weeks or n. maxin~unr fine of one hundred and f i f ty rupiahs.

Article 511. Any person who on the occasion of festivities, processions and the like

does not observe the ordcrs and directives issued by thc police f o r the prevention of accidents and f o r the avoidance of traffic jams along the public road, shall be punished by n nraxi~rrunl fine of twenty five rupiahs.

-4rticle 512.

(1) Any pcrson who, not being permitted to perfornr a professiol! f o r which by general regulation a perrlrission is required, unnecessal-ily performs said professiolr, shall bc punished by a nraaimuur fine of threc h:lndred rupiahs.

('I) Any person who being perlnitted to perfornr a professiotr f o r which by general regulation a permission is required, in pen'ornling said profession

S unnecessarily cxceeds the limits of his competelrce, shall be punished by n nlaximum fine of hundred and fifty rupiahs.

(3) If during the conrmission of said n~isden~eanour two years have not yet elapsed since a n earlier conviction of the person fount1 guilty on account of n similar nrisdenrcanour has beconre final, instend of . the iinc m n bc imposed in the case of thc f i r s t paragraph a nraximunl light il~rpri- sonmcnt of two months, in the case of t h e second pamgmph a niasin~unl l i ~ h t imprisonnrent of one month.

' Any person who, as a z:L;lns of subsistencc, either specially or a occasionall\. without being in the possession of a certificate of ndnrission and irnnccessnrily performs t h e profession of a physician or dentist, shall bc punished by a nraximunl light imprisonment of two nlonths or a n~aximum fine of ten thousand rupiahs.

Any pezson who makes use or allows the use ci someone else's p:o-*:ry which he has in possession on accounr cf his personal s e 3 i c e o r or' his ?ro- iession, of which any use is no t approved upon by the : i g h ~ u l clairnanr, shall be punished by a niaximuni light in~prisonment or' six days or a m a s i a u n ~ fine of twenty fivc rupiahs.

.Article 514.

The day-labourer, package carrier, nresserlger-boy, o r r e r o r coolie who in the periormance of his job renders himself guilty of carelessness or dcfalrlt in returning tools received f o r use o r in delivering goods received for co-\-e- yance, shall be punished by a niasiniunl light iniprisonlrient of six days or a maximunl fine of twenty f ivc rupiahs.

Article 515.

(1) By a rliaxiniun~ light iniprisonnie:lt of six days o r a n ~ a s i a i u ~ l ~ iinc of fifty rupiahs shall bc punished: ls t , any pcrson who fai ls to gi:-e prior notice of liis li~ovc ro thc

conlpetcrit authority whcr; leaving his abode fro111 a district, villagc or calllpong whcre he has lived, with n~erlrioning ;he place where he will takc up his residencc;

hd- ly , any person who nfrer haviny settled ill a district, village or caiilpong, filils to give notice thereof to the corirpeterrt authority within fourteen days by mcetioliing his nanle, f i r s t nanie and profession, nr well as the plncc of orlgi!~.

(2) The provision iu the f i rs t paragraph shell not apply to nioves and sub- sequent set t len~cnts within the snnre plncc or n1:inicipnlity.

Article Z16.

(1) Any pcrson who n ~ a k e s a busiriess of providir~g overnight s tay to persons and do not kecp a continuous rcgistcr, or fails to note o r to cause to note in said register the names, business or occugation, residence, 23). of arrival and of departure of the persons t7:k.o hnvc stayed ovcrnfpht a t his house, or who fails to prodlice said registcr on dcniand to thc hcad of thc policc or to t h e oificial thcrcto dcsig:~atcd by the hcnd of the police, shall be punished by a niasinium f ~ n c o i t\vcntle five rupiahs.

(2) If during thc coniniission of the nlisclcr~~cnr~our two years have no: yet clapscd sincc a n earlier conviction of the offcndcr on accourit of n si~l~Il;rr nlisdcl~icanour has ~ C C ~ J I I I C final, insteacl of thc finc. niay bc inlposcd a ~ i ~ n s i n ~ u i i r ligh' inlprisonnlent of six days.

I Article 517.

( I ) Cy n n i n s i n ~ u l ~ ~ l i ~ h t iniprisoli~~lclit of orlc n~onth or ;r u ~ a s i u i u u ~ iinc of OIIC hul~drcd and f i f ty rupiahs shall bc liu~iishcd: 1st. any person who b u p , accepts ill cxchungc. occcpts ns a r i f t . .

a s a security, fo r i ~ s c o r ill custody. !rrollcrty bclonainr to thc

costun~e, equipn~ent or armament f rom S? soldier below the r a c k of officer, - - sells, exchanges, disposes of a s a gift, gi7.s a s a

.security, f c . .:e o r in custody, such property f o r a soldicr belou. the rank of officer, without the permission issued by or 03 behalf of the officer in coninland;

2nd-ly, any person who, while nlaking a habit of purchasing such goods, docs not observc the provisions given by general rcgulatiol~ concerning the register to be kept thereof.

( 9 ) If during the commission of the misdemeanour two years have not yet elapsed since a n earlier conviction of the offender on account of one of these misdemeanours has become final, the punishn~ents nlay be doubled.

Article 518.

Any pcrson who without being thereto entitled supplies any property to a convicted person who is serving a sentence or accepts it from said person, shall be punished bp a n l a x i ~ n u n ~ light inlprisonll~ent of six d a i s o r n n ~ a s i n r u n ~ fine of twenty five rupiahs.

(l) Any person wiio produces, sells or has in stock for sale or for d i s t r ibu t io~~ or imports into Indonesia printed matter, pieces of metal or other objects in a form which makes the111 resenlblc with govcrnnlent stanlps or post- stamps, shall bc punished by a n ~ a s i n l u n ~ fine of three hundred rupiahs.

( 2 ) The objects with which the n~i~c lcn~eanour is conln~itted may be iorieitetl.

. . .Article 513 bis.

By a IIILX~IIIUIII l ight in~prisol ln~ent of three mor~ths o r a nlasin1u111 fi!~c of thousalid rupiahs shall be punished:

Ist, any person who cither openly makes knot\-n, or infornls to a ~ o i h e r the contents of what has been rcccived by nleans of a n i n s t r u ~ ~ e : ~ : f o r radio reception being under his n~anapement or being used by him,

. nnd which- rca~onably should presunle t h a t they a re no: meant i o r h i n ~ or for the public,' if hc rzasollably should presulllc that open nnllounccn:cn: of the co:~tents \\-ill follow and such announcenlcnt docs follow;

2nd-ly, any pcrsorl who openly a:lllounccs ncws reccivctl by n1ca:ls of an instrunlcnt for radio reception, if hc is not entitled thereto, and thc Ilcrsoil fro111 \ r h c n ~ he has rercived thc news is no: authorized to issac the ncws.

By . a nlaxilllun~ light in~prisonlllcnt of thrce n~onths shall bc punished:

1st. any person who, hnvin,n.obtaincd a delay of. paylncnt, arbitrarily pcr- forms acts for which hy a gcncral r c ~ u l n l i o n is rcquirccl thc coopcrntion of thc directors;

l 2nd-ly, rhe directors or comn~issioner of a ?arcnenhip, company. aso:iarion or

far-.?ation which has obtained a delay in payrile=:, \-::l0 arbitrarjJy g".: : .~rrns acts, f o r which by a general re~u1a:ion is req.:.:ed rhe.cwp+ ration of the directors.

CHAPTER Ill

Nisden~eanours against the public authority.

--bticle 521. Any person who breaks a provisio:~ of a published regulation laid down

by the con~petent authority on .the use and distribution of water from water- or irrigation works f o r public use, shall be punished by a n ~ a x i n ~ u n ~ light in~pr i sonn~ent of twelve days or a niasin~um fine of sixty rupiahs.

Article 5 1 2 . ' Any person who, legally s u n ~ n ~ o n e d a s a witness, a's an espert 'or all

i l~tcrgrctcr, unlnwvf~~lly s tays away, shall be punished by a n ~ a s i n i u n ~ fine of s is ty rupiahs.

(1) Any person who wvitllout vulid reasorls fails to per for^^^ Icgally required forced labour village-labour or labour in state-owned p l a n t a t i o ~ ~ s shall be punished by n nlaxin~unl light i l l l p r i s o n ~ ~ ~ c l ~ t of three days or a n~axin~ul l l f ine of ten rupiahs.

(2) i f during the conin~it l~lcnt of 'the ~ ~ ~ i s d c l ~ ~ e a ~ ~ o u r s i s l~lonths have not yet elapsed since an earlier conviction of the guilty person o n account of the same niisden~eanour has become irrevocable, a n ~ a x i n ~ u ~ ~ ~ light in~pr i - sotln~ent of threc nlonths Inay be imposed.

By a n ~ ~ x i l ~ l u n l fine of sixty rupinhs shall bc punished:

3 l s t , any .person who, without valid .reasons f o r escusc, l~cither alppears in pcrson nor. where this is permitted, nppears through a prosy, when sunln~oned before the judge or by his order hcfore the head of thc police, i : ~ cases concerning 111inors or persorls to be placed or placed under guardianship, o r y r s o n - to bc adn~it tcd to oi adl~litted to a lul~at ic a s y l u n ~ , as a blood re!ntivc, a pcrson allied by n~arr izgcd, n spousc, a guardian or 3 coguardian, a curaior or a cocurator.

2nd-ly, a n y pcrsoll u.ho without valid reasons for c x c ~ ~ s c t~cither appears iu pcrson nor, whcrc this is pcrn~ittrrl , appears through a prosy, when s u n l n ~ o ~ ~ c d bcfore the orphzi:'. :. or, a t its invitation, hcforc the hcad of the policc in case:. . ::nlnE ntinors or conccrning persons

'! to bc placcd or placcd End?. guartlinr~ship:

Srd-19, any pcrsoil who without v:~litl reasons for cxcuac neither appcars in person nor, whcrc this is ~rcr:~~ittccl, nllllcars through a proxy, w h e n sumrnoncd bcfcrc thc Guardian's Supervisory Board or, a t i t s invitation., bclorc thc hcnd of thc policc in cascs cnnccrning niil~ors.

Art ide 595.

(l) Any person who, a t the time of exis:ing danger f o r the general security of persons or property or a t the time wher. a crime is caught in the very act, reiuses to render his assistance, required by the public authority, which he is able to render without immediately exposing h in~se l i to danger, shall be punished by a masimunl f ine of twenty five rupiahs.

( P ) This provision shall, in case of the assistance required a t the time \vhen a crime is caught in the very act, not apply to the person who reiuses to render said assistance in order to elude or to avert danger of pro- secution. of one of his blood relatives o r persons alIied by n~ar r iages in the str&ht line o r in the second and third degree of the side-line, or of his spouse of ex-spouse.

Article 526.

Any person who u~~lirwful ly tears off, makes iilegible or dnn~ages a11 announcement put up in public on behalf of t h e competent authority o r under a statutory provision, shall be punished by a n ~ a s i m u n ~ fine of f i f ty rupiahs.

Article 527.

Abrogated (Statute-Book 1955 - 28).

Article 5 3 .

( 1). Ey il ~ I I ~ S ~ I ~ I L I I I I l ight i n ~ l ) r i s o l ~ n ~ e l ~ t of two l l ~ o l ~ i h s or il I I I ~ X ~ ~ I I L I I I I fine of three hundred rupiahs shall be punished thc person who, \vi;hout the perrnissiol~ of thc con~petent authority:

l s t , n ~ s k c s n copy or abstract of official papers of the s tate 01- its organs, of which the public authority has ordered their secrecy;

211d-ly, wholly or partially p~tblishcs papcrs a s referred to under 1st;

trd-ly, publishes data in~plied in papers referred to under 1st while

d i t is likely that he reasonably should have presun~ed the secret naturc of ;he said data.

(2) The fact ahnll not be p ~ ~ n i s h c d if the order to secrecy has obviously bee11 given for other reasons than the interest of the ofiice or the public interest.

- A I I ~ ljersvn w l ~ o docs not fulfil a statutory obligati011 to give ~loticc Lv t!lc official or i i i i d d l e ~ r ~ a ~ ~ of t l ~ c registrar 's office for thc registers of I~ir th or dcnth, shal l 'bc punishccl hy a nrasi11111n1 f i l ~ c of hncrdrctl rnpinhs.

(1) Any minister of the religiox p e r i o r n ~ s a religious cerenlony re!a;ing to a marriage ivhich may ~:..y be solemnized in the presence of the official of the registrar's office, before the 'parties give proof to him tha t her marriage has becn solen~nized in the presence of such official, shall be punished by a n l a x i n ~ u n ~ fine of three hundred rupiahs.

(I) If during thc comnlission of the misdemeanour tKo years havc noi yet elapsed since a n earlier conviction of t h e offender on accoxni of a siniilar misdemeanour has become final, nlay, illstead of the i i~ ie , be imposed a maximum light inlprisonnlent of two nionths.

CHAPTER V iklisden~eanours relating to destitute persons.' '

Article 531. Ally person who, H-itnessing thc inlnlediate danger of lifc that befalls

another, fa i ls to cstend or provide t h e assistancc which hc is c q a b l e to cxtend o r provide to hi111 without 'rcasonsbly danger fo r hinlscll or anothcr, shall, if the death of the destitute person follows, bc punished by a niaxin~uln light inlprisonnlent of three nlonths o r a maximunl fine of three hundred rupinhs.

CHAPTER V1

bCisde~~lcnnours relating to 111ornls.

Article 551.

E y a maxin~uni light iniyrisonnlent of three days or n nlaxi111u111 fine of f i f ty rupinhs shall be punished:

S , any person who in public sings s o ~ ~ g s offansivc to chastity;

4 2nd-ly, any person who in public gives addresses offensive to chastity;

3rd-ly, any person who a t a place visible from thc public road puts ur, words or drait-inis offensive to chastity.

Article 533.

By n n ~ n s i n ~ u n r light i~l lpr isol ln~cnt of tlic ~liontlis or n lllnsiniu~i~ iinc u i two hundred rupiahs shall bc pullislicd:

S any F9rson who a t o r alongsidc pliicc d c s t i ~ l c ~ l for public traffic o!>cr~ly ,-..L' , or puts up either a writing, of ivhiclr thc lcgiblc ti:lc, covcr

..,cnts is appropriate to s t in~uln tc thc scnsun!Iby of t i ~ c youtll,

' I a portrait or a n article appropriate to stimula:.2 I:ic sensuality of the youth;

h d - l y , ally person who a t or alongsidc places d e s t i ~ ~ c d for ~ ~ u b l i c t raf i ic openly announces t h e c o n t c ~ ~ t s of a writirlg which is npprol~riate to . stimulntc thc sensuality oC lllc y o u t l ~ ;

Srd-ly, any person who openly or unrequesrly ofiers, or openly or by disse- minating m i t i n g unrequestedly shows where a writing, a portrait or an a r t i c : ~ appropriate to stimulate the s e n s u a l i i ~ of rhe so:: . is available;

4th-ly, any person who offers, hands over permanently or tenlporarily, delivers or shows such tvritings, such por t ra i t or such article to a nlinor under the age of seventeen years;

5th-ly, any person tvho announces the contents of such writing in the prrsencc: of a minor under the age of seventeen sears.

Article 534.

Any person tvho either openly exhibits ilieans f o r preventing pregnzncy, or openly or unrequestedly offers, or openly or, by disse~iiinating s writing, unrequestedly shows where such nieans o r services for t h e prevention of pregnancy a r e available, shall be punished by a nlaxiniunl light inlprisonnlent of two nionths o r a i i ~ ~ ~ x i n i u n i fine of two hundred rupiuhs.

Ally persol1 who cithcr ol~cnly exhibits 111euns for the disturballcc of preg- nuucy, or openly or unrequcstcdly offcrs or shotvs where s u c l ~ Illcans o r serl-ices for the disturbance of pregnancy are available, shall be punished by a ~liaximuni light in~prisonnlent of three months or a niaxi~iiuni fine of three hundred rupiahs.

.-\rticle 53G.

i l ) All)' persoli who is fou~ici in an obvious s tntc of cirullketlness 011 the public road, shnll be punished by a nlnxiniunl f ine of fifteen rupiahs.

( 2 ) If rluring the coola~ission of the ni isde~~leanour one year has not ye: elapsed sin:e an earlier conviction of the offender 011 account of n sinlilnr n~isdenieanour, o r the one described in article .19?1 has heconle iinal, instead of the fine, nlay be inlposed a niasiniuni light iulprisonnient of

.5 three days.

( S ) On n second repetition within a year a f t e r rhe first convictio~i on account of n repetition has beco~lle final, shnll be inlposed a nlnximunl light iml~ri- s o ~ i ~ ~ ~ e r l t of t\vo weeks.

(1) On third o r followi~lg rcpctitions conlulitted eiich ti:nc within it ycar af ter the last conviction 011 account of n s e c o ~ d or iollotving repetition I ~ a s beconlc final, shall be inlposed n n~nsinlunl l izht inlprison~llent of three niontlls.

hr t ic lc 3 7 . i'r C O T -

Any. pcrzon who sclls or offers liquo; ur fcr1l;cntcd pu ln iwi~~c uutsidc the ~n i l i t a rp cantcc11 to a soldicr of tllc arliiy under thc rank of a 11on-COIII- nlissioned officer or to his, wife, child o r servant, sh:ill bc ~)unished by 3

~ l ~ a s i m u n ~ light i m p r i s o ~ ~ i ~ ~ c r ~ t of thrcc u-ccl;s o r a nrnsimunl Iirlc of one hiutdrcd rupinhs.

. . . . Article 338. - -5e sellcr of the liqour or his substitute who in th-. exarclic rjf his pro- f d i p : ~ . ~ serves or sells liquor o r fermented palm--ine to r. child ur.d=r rhe a,ol

of sixeeen, shall be punished by a. maximum light imprisonxrent of three w??!;~ o r a nraxirnum i ine of one hundred rupiahs.

Article 5 3 . -4ny person who on the occasion of celebrating gub!ic!y festil-a!s o r galllcs

or keeping publicly processions, supplies f ree of charge or offers 3 s a r c c a r d liquor or fermented p a l m w i ~ ~ e , shall be punished by a n~as in ium Ilgh: inl?rison- nlent of twelve days or P. n ~ a s i ~ l l u n l fine of twenty five rupia'nj.

(1) . By a ulasin~um light i u ~ p r i s o n n ~ e n t of eight days or a n:axiniuni fine of one hundred and f i f t y r ~ ~ p i a h s shall be punished:

l s t , any person who szts nnin~als to work \vhi:h obviously cscecds their st;cn=th;

2nd-ly, any person who needlessly s e t ?nilllals yo work . . in it paiilf~i1 and tornlcnting nianncr;

3rd-ly, uny person who sets cripple, otherwise deiective, scabby, \voundcd or obviously pregnnit o r nursing animals to work, f o r which owing to their condition they a re unfit, o r i l l ;L painful o r tor- nlcnting manner;

4th-Is, any person who neecllessly trn::sport o r C ~ L I S C S to. trallsport a n i ~ l ~ a i s in a painful or t o r n ~ e n t i n g nlar.ncr:

3th-ly, a n y person wlro t ransport o r causes to transport a u i ~ ~ ~ n l s withort: providing then1 or causing to provitlc i h c n ~ w i ~ h the necca.;:?r~ sustenance.

( 2 It' duri11,n the conlniissioa of the nlisde~lleanour one year has not ?'et c!apseci s i w e a n earlier con-{iction of thc offender on account of a simi!ar ~~~isde lneanour o r 0r.e of the nlisden~eanours described. in article 541 or OII account of the c r i n ~ e described in article 308 has . bscon~e final, a n l a s i n ~ u n ~ l i ~ h t i ~ ~ ~ ~ r i s o n r h n t of fourteen days aln:: bc imposed. . . .

-4rticlc 541.

( 1 ) Ey a n ~ a s i n l u ~ l ~ f iuc of fiftecn rupinlis shall be punished: l s t , any pcrsorl who f o r carrying, riding or hauling servizcs uscs

horses which havc xlot yct changed t h c k colt tccth o r whcrc thc t\vo inncr horsc-tccth of the front- (u!,pcr) -j:L\v hnvc not yct co111c in fr:gtion .\:.ith.thc inncr horsc-tccth of thc rc:\r-

. . . . . . . . ;. . . . . . (uudcr) -jaw: . . . . 'i 2nd-iy, any person. - - i ; l t . causcs horses, which havc not. yct ciran;.cd

thcir colt tecth or whcrc thc: two inncr-horse-tccth of t h e iroi1:- . . . (uppcr) -jaw have not pet come in friction \vi:Il the inncr-

- horsc-tecth of thc rear- (under) .jaw, to carry harncst o r fnstcn.; . or ' a t t i chcs thc111 to n carringc or to a d raugI~ l -an i~na l :

3rd-ly, any user of a mare who allows a colt who does not Yer have all sh colt teeth, t o r u n along 6 t h the mother-horse, when she is beinc used f o r carrying, riding or hauling .scn-ices.

(2) If during the conlnlission of t h e nlisdenleallour one year has not elapsed since a n earlier cony-iction of thc offender on ac:ount of similar niisde. meanours or o:ic o i the misr.iemeanours descr ikd in article 543 o r on account of the crime described in article 802 has become iinal, instead o i the fine, nlay bc impoacd u nlaxinlunl light imprisonnlent of three days.

(1) Ey a llaasiinunl light iinprisonnient o i one 111011th o r LI ~ ~ ~ a s i ~ l l u l l i finC of three hundred rupiahs shnll be punished:

1st. any person \\-h0 makes use of a n oxasion open to a game of chance, contrary to the provisions of article 303;

2nd-ly, any person who on or a t tllc side of a public road or a t a placc open to thc public participstcs in n galaic of chance, unless by thc thcrcto coillpetcnt authori ty pcrlllission has bcen granted hold said game of chance.

(2) If during thc commission of the nrisdenieunour t ~ o years have not yct elapsed since a n earlier conviction of the offender on account of one of these misdemeanours has becornc final, a masimurn light imprison- ment of three months o r a 111axinlunl fine of five hurldretl rupinhs rllny bc imposed.

Article 5-12.

Revoked.

(1) Any person who without thc pcr~llission of the hcad of the policc or of the official designated by thc head of thc policc, on or a t thc sidc of n public road or a t a place open to thc public holds a cock- o r crick?: fight. shall bc p u ~ ~ i s l i c d hy a ~ l l a s i i ~ l u ~ l l light i r n p r i s o n n ~ c ~ ~ t of s i s days or n m a s i m u ~ l ~ f inc of t\vcrlty fivc rupinhs.

( 2 ) If <luring the con~rnissio~l of the niisdcnlca~lour ouc year has not yct clapscd siucc Iln carlicr convictioil of thc ofiendcr on account of n similar illisde~~lcallour has brconlc linitl, thc scntc~lccs illily hc doublcd.

-4rticlc .5-15. , l . I 1 : : . . v h u ~ n a k c s 11 busi~icss of fortune tclli~ig, pr~y.llcsy;lig or

'I csplainir,; arcains, slrall 11c punished hy a I I ~ J S ~ I I I U I I I l i ~ h ~ i : i " l l r i ~ q ~ ~ l l ~ n t u f s i s days or n n13si1liuill finc of twenty five rupiahs.

(2) If d u r i ~ t g thc co~llnlission of thc ~ r l i s d c ~ ~ l c a ~ l o u r onc ycar has riot yct clapscd siticc a n carlicr coilrictioti of the offcndcr 011 accvunt of n similar nlisdcillcanour has hccunlc firlnl, tllc scntcrlccs I I I : I~ be doul~lcd.

Ey a muin lurn light icprisonment of threc months or a n ~ a x i n l u n ~ finc of three hundred runinhs :.;l; ! be punished:

Ist, any pcrson who sells, of iers fo r s d e , delivers, r!is:ributes or hzs i3 stock f o r sale or diskribution socalled jima:s, ialianlans o r other objects, under pretence tha t these objects posses superna:rrral power;

2nd-ly, any person who given instructions in " i l rn~~s" or tricks purporting to raise the belief in the possibility to c o n ~ n ~ i t ?unishable oiienses without any d?nger to the perpetrators.

Article 6-17.

.any witness who n t the sessioli where in cases in which by a statutory provision a statement olr oath is required, he has to make a declaration on oath, carries with hini sncalled j i n ~ n t s o r t i~l is l l~nns, shall be punished by n ~iinximurn light inrprison~nent of ten days or il ~lrasinlunl fine of f i f ty rupiahs.

CH-APTER V11

~l i sdemeanours relating to yards and premises.

1 Article 54%

1 Any person who, without bc i r~g thercto entitled, leaves his nonflyi~~g-out j poultry animals wandering in yards or on preiniscs which a rc sowccl or planted. shall be punished by a nlaximunt f ine of fifteen rupiahs.

Xrticlc 523.

-Any person who, without being thcrcto entitled, Icaves cattlc wanderi~ig in yards, on a meadow- grass- o r hay-lancl, o r on premises which a r e either so\ved or planted, or prepnred to be sown 01- planted, or of which the crop ' has not yet been taken, o r over mother 's prcnrises of which the admittancc has been prohibited by the rightful clainrant in a manner obvioi~s to him. shall hc punishcd by n n ~ n x i m u n ~ f inc of t\t-cnty fivc rupiahs.

The cnttlc with which thc misilcmcnnour hnx Ixcn con~nritted nlny bc forfeitetl.

It' during thc cornn~ission of thc misdcmeanour one year has not yet . . elapsed since an earlicr conviction of the offender on accoi1r.c of a similar n~isde=eanour has become final, instcati o i the finc, niny bc i.::ncsed n maxi- ~ w n : i$ht iniprisonment of fourteen days. . .. : ." ,.:

I

i Article 550. I Any person who without being thereto entitled, walks or drives on premises 1 which a r c sown or planted, o r which a r e preparecl to be sown or planted, shall .

i hc punishcd hy a mnxirnf~rn finc nf fiftccn rupinhs.

I

Any person -:.?.o without being thereto entitled, walks o r rides ovcr another's premi: . :C which the admittance has been prohibited by the righFu1 claimant in a manner obvious to him, shall be punished by a maximum fine of fifteen rupiahs.

CHAPTER V111 .

3Iisdemeanours by officials.

Article 592.

Any official, authorized t o issue copies abstracts of judgments, who issues such copy or abstract before the jud-gnent has been properly signed, shall be punished by n nlaximum fine 'of f i f ty rupiahs.

Article 533.

Abrogated.

Article. 554; .' By a nlaximun~ light inlprisonnlent of two months o r a n~axinlunl fine of

three hundred rupiahs shall be punished any ex-official who without the per- mission of the competent authority keeps with hinl official doculnents of the . .. . state or its 'organs. , .

. .. . . . .. . . . Article 555.

Any head of an institution, destined f o r t h e locking up of convicted persons, temporarily detained persons o r persons imprisoned for debt, o r of a n approved school of the state o r lunatic asylunl, who admits someone to o r keeps him in the institution, without having caused the order of the competent authority nr the judicial verdict to be shown to himself, or who fails to make the required entry ill his registers of the said admittance and of the order .or the verdict on t h e ground of which i t takes place, shall be punished by a maxin~unl light imprisonment of nnc n ~ n n t h or a maximum fine of hundred and . . f i f ty rupinhs.

. . . . . . . Article SSG.

4 n y official of the registrar's office who gails prior to the solenlnization of a marriage to cause the evidence or the statements which a r e required bp general regulation to bc produced to himself, sh?ll be punished by a maximum finc of three hundred rupiahs. .

Article 35'i. ;iBy a nlaxilllum finc of hundred rup:ahs sha l l , be punished:

ls t , ally official of the registrar's oifice who acts contrary to a provision of a general regulation concerning the registers or the deeds of the registrar's office; thc.formalities prior to a mar r ia rc o r the solemni- zation of n mnrrin~c: .

2nd-l::, any skipper of an Indonesian vessel. who d m not k ~ p zhe punishment-book required by general regc!a:ion according to the s ta tu tor l provisions o r does not produce ti ,aid punishment-book when and where this is required by a statutory provision;

Srd-ly, any skipper of a n Indonesian vessel who in :he absence of a punishment-book fails to supply the judge with the informations required by a statutory provision;

4th-ly, any onner , book-keeper or skipper of an Indonesian vessel who refuses to g r a n t an inspection of the diaries ke?t on board the vessel, o r against payment fo r the costs, t o furcish copies thereof to parties col~cerned a t their request.

( 2 ) If (luring the conin~ission of the n~isdenleanour two years hare not yet elapsed since a n earlier conviction of the offender on account of one of these misdemeanours has become final, instead of the fine, nlny be in~posed n niaxiniun~ light inlprisonment of two months.

. . . Article 563.

Any skipper of a n Indonesian vessel who does no t f d f i l his s ta tutory obligation concerning the registration and notification of births o r deaths which have occurred during a sea-voyage, shall be punished by a maximum fine of one hundred rupiahs.

Article 564.

Any skippcr or member of the crew who does not observe the s tatutory provisions laid down f o r the prevention of collisions or fo r being washed ashore, shall be punished by a maximum f ine of three hundred rupiahs.

Article 565.

Any person who without being thereto entitled makes use, even if with a slight deviationi of a distinguishing mark, of which t h c I;se by vir tue of a

~ s + t u t o r y provision is explicity adjudged to hospital ships, to boats of such ships o r to small vessels destined f o r the hospital service, shall be punished by 3 maximum light imprisonment of one month or a. maximum fine of three hundred rnpinhs.

Article 566.

Any skipper of a n Indonesian vessel who does not fulfil the obligations imposed upon him in the second p r a g r a p h of article 358 a of the Code of Commerce, shall bc punished h:. .. maximum l ight imprisonment of t h r x months o r a maximum f i n . .' :-.:c-: hundred rupinhs.

' ? Article 567.

Any owner and a n y captain of nn Indonesian ship aboard of which is performed crew's service by persons who neither have concluded a work agree- lllcnt as referred to in nrticlc 395 of t h c Code of C o n ~ ~ i ~ e r c e . nor on one's owl1

account _perform a bus ines on board. or by persons who do not appear in the muster-roll in the cases where is required under statutory

Shall punished by a maxirnunl fine of six* ru?iahs for each person who is thus employed.

.Article 568.

Any person who signs R bill of lading the issuance of which is contrary to the provision in article 517 b of the Code of Commerce, and also t he penon for whom he performs this ac t according to his competency, shall, if afterwards issuance follons, be punished by n rnxiin~un\ fine of f i r s thousand rupishs.

Article 569.

(1) Any person who signs a ticket the issuance of which is contrary to the provision in article 533 b of the Code of Commerce, nnd also the person for whom he performs this act according to his competency, shall, if the issuance follows, be punished by a nlaxin~unl fine of five thousand rupiahs.

(2) By a ~ i m i l a r . ~ u n i s h n ~ e n t shall be punished any person who contrary to the provision in article 533 b of the Code Comnlerce issues an unsigned ticket, and also any person for whom he per forn~s this act according to his competency.