Interpretation of the Element of Treason in the Decision of the Timika District Court Number 27/Pid.B/2019/PN. Team

Abstract

Objective : This study aims to describe and analyze the legal facts in the Timika District Court Decision Number 27/Pid.B/2019/PN, particularly focusing on the judges’ considerations in applying Article 106 of the Criminal Code in conjunction with Article 87 of the Criminal Code, as well as assessing the juridical correctness of the acquittal verdict.

Theoretical Framework : This research is grounded in the theory of crimes against state security, the concept of intent as a subjective element in treason, and the theory of attempt in criminal law, particularly concerning the limitation of the “beginning of execution” as a requirement for criminal liability under Article 87 of the Criminal Code.

Method : This study employs a normative juridical approach with a decision annotation method, based on the analysis of statutory provisions, judicial decisions, and doctrinal legal scholarship, through a systematic examination of the legal reasoning of the panel of judges.

Results and Discussion : The findings reveal that the panel of judges applied a strict and proportional interpretation of the elements of treason by clearly distinguishing between political expression and concrete actions that pose a real threat to state integrity. The defendants’ actions, consisting of demonstrations and political statements, were considered to remain at the preparatory stage and did not fulfill the “beginning of execution” element as required under Article 87 of the Criminal Code. This interpretation demonstrates a cautious judicial approach in limiting the scope of criminal liability in treason cases.

Research Implications : The study underscores the importance of consistent and careful judicial standards in interpreting the elements of treason to prevent the overcriminalization of non-violent political activities, while ensuring the protection of state security.

Originality/Value : This research offers novelty as the first academic annotation of the Timika Decision by proposing a new analytical model in interpreting the elements of attempt under Article 87 of the Criminal Code within the context of political movements.

Keywords: Treason; Beginning of Execution; Judicial Interpretation; Political Expression; Indonesian Criminal Law