Criminal Law Perspectives on Persecution in Indonesia
Abstract
This study aims to elucidate the classification and regulation of acts of persecution within the Indonesian legal framework, responding to the prevalent instances of maltreatment based on ethnicity, religion, and political beliefs.Employing a normative research methodology with a statute and case approach, this research delves into the codification of persecution as delineated in articles 351, 352, 354, and 356 of the Indonesian Criminal Code, alongside pertinent provisions in Law No. 19/2016 concerning Amendments to ITE Law No. 11/2008.The findings assert that persecution, characterized by actions causing distress, injury, or harm, constitutes a criminal offense, meeting the stipulated legal elements.Specifically, the legislation differentiates between verbal and physical persecution, prescribing penalties ranging from fines to imprisonment, depending on the severity of the injury inflicted or the resultant death.This study contributes to the understanding of persecution from a criminal law standpoint, highlighting the legal mechanisms in place to address such offenses in Indonesia.