TCK Article 220: Special crime type of establishing/managing/being a member of an organized crime organization.
Elements of the Organization
- At least 3 people
- Hierarchical structure
- Continuity
- Division of labor
- Purpose of committing crime
- In terms of tools and equipment availability
Punishments
- Establishing/managing: 4-8 years of imprisonment
- Membership: 2-4 years of imprisonment
- Helping: like a member
- Committing a crime: punished separately
Effective Regret (TCK art. 221)
- Denunciation while the organization is being established: penalty none
- Notification during the activity + leaving without causing harm: no penalty
- Subsequent notification: discount
Supreme Court of Appeals CGK
CGK adopts that the "objective structure" in organizational crime must be proven with concrete evidence, and that merely multiple people committing a crime together cannot be considered an organization.
Penalty Defense counsel is required.