Tindak Pidana Makar Dalam Perspektif Pertanggungjawaban Pidana

Abstract

The objectives of the research are:  1) To know and analyze the acts that can be accounted as treason in the Criminal Code; 2) To analyze and criticize the ideal concept of treason in the reform of criminal law in the future. With these objectives, the problems discussed are: 1)How are the actions that can be accounted as treason in the Criminal Code? 2)How is the ideal concept of treason in the future criminal law reform? With the formulation of the problem, the research method used is normative juridical research with a statute approach, conceptual approach, and case approach. The legal materials collected are: primary legal materials, secondary legal materials and tertiary legal materials.  Analysis of the collected legal materials is carried out by inventorizing, systematizing and interpreting.  The results showed that:  1) There are 3 (three) actions that can be accounted as treason in the Criminal Code (Wetboek van Strafrecht), namely treason against the President and / or Vice President, treason against the Unitary State of the Republic of Indonesia, and treason against the Government. Treason is regulated in Articles 87, 104, 106, 107 and 110 of the Criminal Code (WvS). In the Criminal Code (WvS), there are 3 (three) important elements to determine whether a person can be said to have committed the crime of treason, namely: Intention, Commencement of Implementation, and Evil Conspiracy for Treason 2) Act Number 1 of 2023 on the Criminal Code comes as one of the efforts to reform criminal law in Indonesia. Unlike the Criminal Code (WvS) in Act Number 1 of 2023, the important elements in the crime of treason are:  Intention (to attack), Preparation of Actions, and Evil Conspiracy for Treason. The elements regulated in determining treason in Act Number 1 of 2023 are clearer when compared to the Criminal Code (WvS) because it states that the intention is related to the attack for treason. However, the element of Conspiracy to Makar stipulated in the Criminal Code (WvS) is also still applied in Act Number 1 of 2023 which expands the application of the legal provisions on treason which creates confusion in applying the treason article. It is hoped that in the future the Policy Makers will remove the provisions regarding the conspiracy to commit treason so that the parameters of the formulation of the treason offense are set forth in one article only to avoid differences in interpretation of law enforcement officials in applying the treason article.