Article unpleasant acts – perqara

Have you ever heard someone reported to the police just because it is considered to do “unpleasant deeds”? This term was so popular among law enforcement officials because it is considered as a rubber article that opens opportunities for criminalization in the process of completing cases.

Until finally through decision number 1/PUU-XI/2013, the Constitutional Court (MK) emphasized that the phrase “unpleasant deeds” no longer has the power as a criminal offense that stands alone.

So, what exactly is meant by unpleasant deeds? How is the arrangement in the old Criminal Code or the new Criminal Code, and what are the relevance after the Constitutional Court’s decision? This article will discuss thoroughly about the article unpleasant acts, starting from understanding, legal basis, changes in the latest Criminal Code, case examples, to legal steps that can be taken if someone becomes a victim.

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Is that unpleasant act?

Understanding of unpleasant actions basically refers to an action that although not to endanger lives, but causes a very unpleasant or disturbed feeling of the victim, so the victim feels disadvantaged and has the right to report it to the police. However, this understanding is often misunderstood by various groups of people and law enforcement officers.

This is evident from the frequent use of articles of unpleasant acts in various criminal cases, because the formulation is interpreted very broadly, with a high level of subjectivity and low objectivity. In fact, in criminal law, this article comes from the Dutch term “Unpleasant maintenance” which really means “treat people unpleasantly.” Unfortunately, in practice it is often understood only as “unpleasant deeds,” so that there is a simplification of the wrong meaning.

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Article unpleasant acts in the Criminal Code

In the Criminal Code (“KUHP”), an article that discusses unpleasant acts is listed in Article 335 paragraph (1) of the Criminal Code which reads:

“It is threatened with a maximum imprisonment of one year or a maximum fine of Rp.4,500,000 whoever is against the law forces others to do, not to do or allow something, by using violence, something other acts or unpleasant treatmentor by using the threat of violence, something other actions or unpleasant treatmentboth to the person himself and others “

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Changes and relevance of the article in the new Criminal Code (2023/2024)

With the issuance of Law Number 1 of 2023 concerning the Criminal Code (“New Criminal Code”) which came into force on January 2, 2026, of course, brought a number of changes and relevance of articles that were quite different compared to the old Criminal Code. One of them is related to the article unpleasant acts.

As in the new Criminal Code, there is no phrase about “unpleasant deeds” in the chapter of evil against the independence of others. So in this case the new Criminal Code is more directed to a criminal offense that is concrete and prevents legal uncertainty and the potential misuse of articles.

Or in other words, the new Criminal Code firmly no longer recognizes the term “unpleasant acts” as one of the elements of a crime. The similar articles containing elements of Article 335 of the Criminal Code are diverted to Article 448 of the new Criminal Code which emphasizes the element of violence or the threat of violence as a condition of punishment with the sound of the article as follows:

“Pented with a maximum imprisonment of 1 (one) year or a maximum fine of category II, every person who is against the law forces others to do, not to do, or allow something, with violence or threat of violence, both against the person himself and others”

Which based on Article 79 of the new Criminal Code, the Category II Fine Criminal Affairs is set at Rp10,000,000. So that it shows a significant rise in criminal fine from the Criminal Code, which was previously only Rp4,500,000.

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Examples of cases of unpleasant acts in Indonesia

One example of an unpleasant case in Indonesia is the decision of the Waingapu District Court with number 06/Pid.B/2011/PN.WNP who decided the defendant Kanisius Dikijanji Alias ​​Diki was found guilty of committing a crime as stipulated in Article 335 paragraph (1) of the Criminal Code.

Where in this case, the actions carried out by the perpetrators not only passed the victim’s house while screaming and making fun of, but also chasing him with a knife, threatening to use harsh words, and showed an attitude that caused fear of the victim’s side of the crime.

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Limits between criticism, jokes and unpleasant actions

In general, related to the limits between criticism, jokes and unpleasant deeds depending on the presence or absence of an element that is prohibited in an act carried out. Where when someone conveys criticism well and constructively, it will certainly be different from someone who conveys a joke for entertainment alone.

Criticism that is conveyed proportionally, without containing slander, insult, or utterance of hatred, cannot be considered an unpleasant act according to Article 335 paragraph (1) of the Criminal Code after the Constitutional Court’s decision. Likewise, jokes that are not accompanied by violence, threats, and insults, are basically still protected as part of freedom of expression.

Thus, the boundary between criticism, jokes, and unpleasant actions can be seen from the presence or absence of elements that cause real losses for others, both physically and psychologically.

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Other alternative articles related to unpleasant acts

Although the term “unpleasant deeds” can no longer be used as a stand -alone criminal offense, there are several other articles that can be used as an alternative in ensnaring actions included in that category. The alternative articles include:

1. Insult or defamation: Article 310 and Article 311 of the Criminal Code and Article 27 paragraph (3) of Law Number 19 of 2016 concerning Information and Electronic Transactions (“ITE Law”)
2. Threat: Article 335 of the Criminal Code (with the element of threat) and Article 368 of the Criminal Code (extortion)
3. Persecution: Article 351 of the Criminal Code (Physical Persecution) and Article 352 (Light Persecution)
4. Violations of Privacy and Personal Data: Article 65 and Article 67 of Law Number 27 of 2022 concerning Protection of Personal Data (“Law PDP”)

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Is unpleasant act be convicted?

Before the decision of the Constitutional Court Number 1/PUU-XI/2013, an unpleasant act can certainly be convicted if it meets all elements of Article 335 paragraph (1) of the Criminal Code.

But after the issuance of the Constitutional Court’s decision to delete the phrase “Something other deeds and unpleasant treatment” In Article 335 paragraph (1) of the 1st Criminal Code because it is considered to have led to legal uncertainty and injustice, then actions that simply cause displeasure without the element of violence or the threat of violence can no longer be convicted.

This happens because Article 335 paragraph (1) of the Criminal Code can only be applied if there is an element of coercion carried out with violence or the threat of violence, both against the person himself and others.

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Legal steps if you become a victim of unpleasant acts

If you become a victim of unpleasant acts that meet the element of coercion with violence or the threat of violence as referred to in Article 335 paragraph (1) of the Criminal Code, you can report the act to the police and then be criminalized. Where the report can be done in writing, orally and with electronic media to the Integrated Police Service Center (“SPKT”)

As for if the act does not meet the element of violence or the threat of violence, but contain elements of insult, defamation, threat or others, you can report using related articles in accordance with criminal acts that occur.

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(This article has been edited by the perqara editorial team)

Legal basis

1. Criminal Code
2. Criminal Procedure Code
3. Law Number 1 of 2023 concerning the Criminal Code
4. Decision of the Constitutional Court Number: 1/ Puuxi/ 2013 concerning the Elimination of Unpleasant Phrases
5. Law Number 19 of 2016 concerning Information and Electronic Transactions
6. Law Number 27 of 2022 concerning Protection of Personal Data

Reference

1. Rivaldy Billy Heskia Rampengan, Olga A. Pangkerego and Marthin Do Stock, “Unpleasant acts in terms of Article 335 paragraph (1) number 1 of the Criminal Code”, Annual e-jortal, (2022).
2. Peter Jeremiah Setiawan, Xavier Nugraha, Vincentius Sutanto, and Marachethy Riwani Diaz, “Constitutionality is unpleasant as a criminal offense of hate speech: Analysis of the National Police Chief Circular Number SE/6/X/2015”, Scientific Journal of Law Enforcement, Vol. 8, No. 1, (2021).
3. Indriana Dwi Mutiara Sari, Handias Gitalistya, and Anggita Doramia Lumbanraja, “Analysis of Criminal Law Policy on Unpleasant Acts”, Journal of Indonesian Law DevelopmentVol. 1, No. 2, (2019).