These 5 Acts Are Crimes in Indonesia

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "Bernie Madoff: The Story of the Biggest Ponzi Scheme Scam in History", "How to Open a Police Report in Indonesia?", "What's The Difference Between Police Report and Public Complaint?" you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'These 5 Acts Are Crimes in Indonesia'.

When you visit another country either for a vacation or to do business, please keep your attitude in accordance with the laws in the destination state. Sometimes, the laws that apply in our country are different from the laws that apply in another country. The same applies when you visit Indonesia, an act may be allowed in your country but prohibited in Indonesia. Indonesia is an independent and sovereign country that has its own legal system. Here are 5 Acts which classified as a Crimes in Indonesia which may be allowed in your country.

Gambling

Macau and Las Vegas legalize gambling. Casinos employ 20 percent of the population in Macau. Locals rarely visit casinos to gamble and government employees are prohibited from gambling here. The majority of gamblers are from mainland China and Hong Kong. The Portuguese settled in Macau in the 16th century and the island was handed back to China in 1999.[1] Las Vegas is known as a city built on human sin. The city is known as the gambling center of the world. The practice of gambling operates 24 full hours throughout the city center. Tens or hundreds of millions of US dollars spin every second on the Las Vegas gambling table. They can suddenly get rich by gambling, or vice versa become poor.[2]

In Indonesia, gambling is a criminal act. Regulations related to gambling in Indonesia have been regulated in several articles, one of which regulates the gambling article, namely Article 303 bis Paragraph (1) of the Criminal Code, while the online gambling article is regulated in Article 27 Paragraph (2) of the ITE (Information and Electronic Transaction) Law No. 45 Paragraph (2) No.19 of 2016. 

Marijuana

The psychotropic substances in the plant (marijuana) are believed to be able to provide healing therapy for patients with nervous disorders, depression, autism, Parkinson's, to cancer. However, research on marijuana for medical needs is still being carried out. There are at least nine countries that have now legalized the use of marijuana for medical and recreational purposes, including these countries: Canada, Italy, Argentina, Australia, Mexico, Uruguay, South Africa, the Netherlands and Germany.[3]

Marijuana is a type of narcotics class I as stated in the List of Narcotics Category I number 8 Attachment to the Regulation of the Minister of Health Number 50 of 2018 concerning Changes in the Classification of Narcotics ("Permenkes 50/2018"). The act of possessing marijuana can be punished as stipulated in Article 112 of the Narcotics Law (Law No. 35 of 2009 concerning Narcotics and its amendments). A person who uses narcotics without rights or against the law can be punished based on Article 127 paragraph (1) letter 'a' of the Narcotics Law which states that any abuser of class I narcotics for oneself is sentenced to a maximum imprisonment of 4 (four) years.

Blasphemy

Freedom of expression, which is commonplace in other countries, does not apply absolutely in Indonesia, you should never make criticism that will drag you into religious blasphemy. The actions of critics such as those carried out by the French magazine Charlie Hebdo (often displays journalistic content in the form of caricatures including satirical jokes. This magazine often criticizes politics, culture and religion) are classified crimes of blasphemy in Indonesia.

Blasphemy is regulated in Article 156 of the Criminal Code, with a maximum imprisonment of four years. One of the famous cases of blasphemy in Indonesia is the case of Basuki Tjahaya Purnama/Ahok (Former Governor of Jakarta).

Pornography

You will not find magazines like Playboy, FHM, Maxim, or Pornhub website in Indonesia, because pornography in Indonesia is classified as a crime. 

Pornography has been regulated in several laws, including: a). the Criminal Code (“KUHP”); b). Law Number 11 of 2008 concerning Information and Electronic Transactions (“ITE Law”) as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (“Law 19/ 2016”); and c). Law Number 44 of 2008 concerning Pornography (“Pornography Law”). 

Terrorism Financing

The intention of your heart is to donate to religious activities in Indonesia, but you have to be careful, don't let your actions be classified as financing terrorism. Based on Law no. 9 of 2013 concerning the Prevention and Eradication of Criminal Acts of Terrorism Financing (TPPT), Terrorism financing is the use of assets directly or indirectly for terrorist activities. You may conduct consultation to us first if you want to donate on the basis of religion in Indonesia. 

In Indonesia itself, the explanation of the financing of terrorism is explained in Law Number 9 of 2013 concerning the Prevention and Eradication of the Crime of Financing of Terrorism. It is stated that the financing of terrorism is any act in the context of providing, collecting, giving, or lending funds, either directly or indirectly, with the intention of being used and/or known to be used to carry out terrorist activities, terrorist organizations, or terrorists.[4]

And if you have difficulties with this topic, contact us, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "8 Hal Menarik tentang Makau, Kota Judi Terbesar di Asia", www.cnnindonesia.com., Diakses pada tanggal 17 Maret 2022, https://www.cnnindonesia.com/gaya-hidup/20210618211451-269-656441/8-hal-menarik-tentang-makau-kota-judi-terbesar-di-asia

2. "Pusat Prostitusi hingga Bandar Judi, 5 Kota Ini Dijuluki Paling Berdosa di Dunia", kumparan.com., Diakses pada tanggal 17 Maret 2022, https://kumparan.com/kumparantravel/pusat-prostitusi-hingga-bandar-judi-5-kota-ini-dijuluki-paling-berdosa-di-dunia-1wMqj5lpdbW/3

3. "9 Negara yang Melegalkan Penggunaan Ganja", www.cnnindonesia.com., Diakses pada tanggal 17 Maret 2022, https://www.cnnindonesia.com/internasional/20211008023222-134-704943/9-negara-yang-melegalkan-penggunaan-ganja

4. "Pola Kejahatan Dalam Pendanaan Terorisme", www.ppatk.go.id., Diakses pada tanggal 17 Maret 2022, https://www.ppatk.go.id/siaran_pers/read/952/pola-kejahatan-dalam-pendanaan-terorisme-.html