Jakarta. Bullying that drives a victim to suicide can expose perpetrators to criminal prosecution under Indonesia’s new Criminal Code, which took effect on Jan. 2, a legal expert says.

Article 462 of Law No. 1/2023 on the Criminal Code (KUHP) provides penalties for anyone who encourages, assists, or provides the means for another person to take their own life, if the victim dies as a result.

“Any person who encourages, assists, or provides the means for another person to commit suicide, and the person dies as a result of suicide, shall be punished with imprisonment of up to four years,” the article states.

According to criminal law expert Arief Syahrul Alam, the provision broadens the scope of criminal responsibility by placing the role of third parties at the center of liability. Encouragement is not interpreted narrowly as a physical act, but can also include psychological pressure, intimidation, or treatment that knowingly affects a victim’s mental condition—making bullying a key factor for legal scrutiny.

“Bullying that is systematic and repeated can constitute psychological encouragement,” Alam told Beritasatu.com on Wednesday. “If that pressure is proven to have driven the victim to suicide, the elements of Article 462 of the KUHP can be fulfilled.”

Alam said Article 462 also covers acts of assistance and the provision of means. Assistance may include advice, justification, or reinforcement of a victim’s suicidal intent. Providing the means refers to supplying tools, access, or information that makes suicide easier to carry out.

“In practice, the element of providing the means is often easier to prove than psychological encouragement,” he said.

However, prosecutors must still establish a clear causal link between the perpetrator’s actions and the victim’s death. It must also be shown that the accused knew, or should reasonably have known, that their actions could push the victim toward suicide.

“Causality and the perpetrator’s awareness are crucial,” Alam added. “The law requires proof that the conduct contributed directly to the victim’s decision to take their own life.”

If the elements of Article 462 cannot be met, perpetrators of bullying may still face charges under other provisions of the Criminal Code that regulate harassment, psychological violence, or abuse, depending on the facts of the case.

“Article 462 affirms that non-physical violence leading to death is not a minor matter,” Alam said. “It can result in significant criminal accountability.”

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