Implications of Inconsistency in the Interpretation of Article 70 Letter H Paragraph (1) of the National Criminal Code in Responding to Victim Precipitation Crimes

The presence of the National Criminal Code is an important milestone in Indonesia's criminal law reform, replacing the colonial legacy with a new paradigm. However, several articles in the National Criminal Code still have a tendency to have multiple interpretations, including Article 70 Letter H paragraph (1), which has the potential to cause inconsistencies in its application. The vagueness of this article can lead to injustice for victims of crime, especially in the context of victim precipitation. This research uses a normative juridical method with a focus on analyzing legal norms in legislation, especially Article 70 Letter H paragraph (1) of the National Criminal Code. The results show that the vagueness of Article 70 letter H paragraph (1) will have inconsistent implications in its application. Victims will often get treatment that tends to be unfair, this is because the perpetrators of the crime take refuge behind the claim that their actions were provoked by the victim, such as in the case of sexual crimes that are associated with the way the victim dresses. Therefore, this study recommends a more comprehensive interpretation of the phrase “encourage or move” in the context of victim precipitation, clear boundaries regarding crimes that can be categorized as victim precipitation, proportionality between the victim's actions and the offender's reaction, then the intensity and intentionality of the victim's provocation. In addition, training is needed for law enforcement officers to be able to apply this article fairly and appropriately.