ANALISIS YURIDIS PERBEDAAN DELIK KEJAHATAN DAN DELIK PELANGGARAN DALAM HUKUM PIDANA INDONESIA

Abstract

Crime is a central element in criminal law, determining whether an act is subject to criminal sanctions. The Indonesian Criminal Code (KUHP) systematically divides crimes into two main classifications: felony offenses and misdemeanor offenses. This distinction is not merely terminological but also carries significant legal consequences for the nature of the act, the degree of culpability, the type of punishment, and the law enforcement process. This study aims to analyze the differences between crime and misdemeanor offenses in Indonesian criminal law and their legal implications in practice. The research method used is normative legal research with a statutory and conceptual approach. The legal materials used include primary legal materials in the form of the Criminal Code and related regulations, secondary legal materials in the form of legal books and journals, and tertiary legal materials as supporting material. The results indicate that crime offenses are generally related to acts that violate moral values ​​and a sense of social justice, while misdemeanor offenses focus more on violations of administrative legal order. This distinction influences the criminal justice system and criminal law enforcement policies in Indonesia.

Keywords: criminal offense, violation offense, Criminal Code, Indonesian criminal law.