Criminal law is regulation that have the characteristics of being forbidden, push and give punishment toward someone who commit crime. Indonesian criminal law is based on Netherland criminal law perspective. In Indonesia criminal law is part of public law that regulate individual to state and state to state in which it correlate toward government intervention.
Criminal law is regulated by Criminal Code (in Indonesia we call as "KUHP", while in Netherland "Wetboek van Strafrecht"). Criminal Code is statute which is a written act. Criminal Code is divided into three books: General Regulation, Crimes and Offence. Crimes are defined as felonies or serious criminal behavior such as murder, abuse, theft and robbery. Offences can be describe as misdemeanor crimes where the applicable criminal penalty is in the form of fine.
Criminal code consist of 3 chapters:
-> chapter I is regulate about terms and procedures to be followed in criminal cases and specifies any mitigating circumstances that may affect the severity of a sentence.
-> chapter II and III define the categories of felonies and misdemeanors prescribe the penalties for each type of offence.
Crimes is divided into two:
a.) crimes or felonies committed against the government and government institution, such as: desecration of state symbols (national flag) or crime committed against a government official while they are on duty.
b.) crimes or felonies committed against humanity, such as: murder, abuse, kidnapping, etc.
Differences of crimes and offences can be catagorize into two: the length of the sanction and form of the sanction.
- Crime: Length of sanction is more than one year and the form is in the form of jail and fine.
- Offence: Length of sanction is less than one year and the form is in the form of fine.
Legality of Principle (Nullum Delictum Nulla poena sine praevia lege)
Mean: an act cannot be punished if at the time of alleged commission of the act it was not a crime or in other word an act cannot be punish if there is no regulation at the time.
Validity of KUHP relate to four principles apply:
a.) Territorial principle -> specifies that KUHP may be applied if the locus (location) of the crime is within Indonesian territory irrespective of the accused's citizenship.
b.) The Active Nationality principle -> specifies that KUHP may be applied if the acussed has an Indonesian Citizenship.
c.) The Passive Nationality principle -> states that KUHP may be applied if there is an Indonesian legal interest that has been violated.
d.) Universality principle -> states that KUHP may be applied if there is a legal interest of all humankind that has been violated.
Analogy and extensive interpretation:
-> Analogy interpretation: interpret with equate something. Ex: idiot person cannot be consider the same as weak person. This interpretation is forbidden in legality of principle.
-> Extensive interpretaion (Indonesia use): interpret as do extension toward section. Ex: Section 362 regulate about thief, where the meaning of thief in the section before the extensive interpretation being made is only stealing on moving goods, but when it is being extensive the section mean not only moving goods but also electronic goods such as account and credit card.
Criminal code also regulate about Homicide, Suicide, Euthanasia, Infanticide and Genocide.
- Section 338-340 KUHP regulate Homicide: killing by another person.
- Section 345 KUHP regulate Suicide: killing ourself.
- Section 344 KUHP regulate Euthanasia: allowing to die slowly and in happy ways.
- Section 341 KUHP regulate Infanticide: killing the infants.
- Section Human Right regulate Genocide: killing tribes or large number group of peoples.
No comments:
Post a Comment