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Questions and Answers
What does the term 'Ius Poenale' refer to?
What does the term 'Ius Poenale' refer to?
Which function of criminal law is primarily focused on preventing crimes before they occur?
Which function of criminal law is primarily focused on preventing crimes before they occur?
What characterizes a formal delict?
What characterizes a formal delict?
Which of the following is an example of a material delict?
Which of the following is an example of a material delict?
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What is the primary goal shared by both criminal law and punishment?
What is the primary goal shared by both criminal law and punishment?
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Which category of delict involves actions that are premeditated?
Which category of delict involves actions that are premeditated?
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Which type of delict does not require the presence of intent or negligence?
Which type of delict does not require the presence of intent or negligence?
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What is emphasized in subjective criminal law?
What is emphasized in subjective criminal law?
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Study Notes
Criminal Law (Introduction to Indonesian Law Series)
- Criminal law encompasses all legal rules defining punishable actions and associated penalties.
- Van Hamel: Criminal law's core is the state's obligation to uphold the law by prohibiting actions contrary to the law and sanctioning violations.
- J.B. Daliyo: Criminal law regulates violations against the public interest, often resulting in penalties like suffering or torture.
- Criminal law, also known as "Ius Poenale," consists of rules establishing prohibitions and obligations, with penalties for violations.
Objectives of Criminal Law
- Criminal law aims to deter future criminal behavior (preventive function).
- It also punishes past criminal actions (repressive function).
- Its overall goal is to safeguard society, mirroring the goals of punishment itself.
Division of Criminal Law
- Criminal law is divided into two categories:
- Objective Criminal Law (Jus Ponale): The body of laws defining criminal acts.
- Subjective Criminal Law (Jus Puniendi): The power of the state to enforce these laws and impose punishment.
Various Criminal Acts (Delicts)
- Formal Delicts: Criminal acts directly violating specific legal provisions. Example: theft (Article 362 of the Criminal Code).
- Material Delicts: Criminal actions where the outcome of conduct constitutes the crime. Example: murder (Article 338 of the Criminal Code).
- Dolus Delicts: Intentional criminal acts. For instance, premeditated murder (Article 340 of the Criminal Code).
- Culpa Delicts: Unintentional or negligent criminal conduct leading to harm. Example: a death that result from negligence (Article 359 of the Criminal Code).
- Complaint Delicts: Criminal acts requiring formal complaint ("formal notification" by a victim) before prosecution. Examples are adultery, insult, defamation.
- Political Delicts: Actions targeted at state security—including rebellion against the government.
Criminal Code Systematics
- Book I: General Rules (Articles 1-103), covering foundational principles, organized in 9 chapters.
- Book II: Crimes (Articles 104-488), containing specific criminal offenses, with 31 chapters.
- Book III: Violations (Articles 489-569), detailing less serious offenses, and a structure of 10 chapters.
Types of Punishment
- Main Punishments: Death penalty, imprisonment, prison sentences, and fines.
- Additional Punishments: Revocation of rights, confiscating property, or publicizing of the verdict.
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Description
This quiz covers the fundamentals of criminal law as introduced in the Indonesian Law Series. It explores key concepts, objectives, and the division of criminal law, focusing on the importance of deterring and punishing crime. Test your understanding of how criminal law safeguards society.
