Criminal Law (Indonesian Law Series) PDF

Criminal Law (Introduction to Indonesian Law Series) Dr. Grace Sharon SH.,MH.  Understanding of Criminal Law Prof. Pompe: Criminal Law is all the legal rules that determine what actions should be punished, and what kind of punishment that is. Van Hamel: The entire basis an...

Criminal Law (Introduction to Indonesian Law Series) Dr. Grace Sharon SH.,MH.  Understanding of Criminal Law Prof. Pompe: Criminal Law is all the legal rules that determine what actions should be punished, and what kind of punishment that is. Van Hamel: The entire basis and rules adhered to by the state in its obligation to uphold the law, namely by prohibiting what is contrary to the law (on recht) and imposing a sorrow (suffering) on those who violate the prohibition. J.B. Daliyo: Criminal law is the law that regulates violations and crimes against the public interest. Where, these violations and crimes are threatened with punishment which amounts to suffering or torture for those concerned  General understanding of criminal law: Criminal Law, also called "Ius Poenale", namely "a number of regulations containing prohibitions or obligations where violators are threatened with punishment/criminal/sanctions"..  Objectives of Criminal Law Preventive function Repressive function Note: the aim of criminal law is the SAME as the aim of punishment, namely to protect society  Division of Criminal Law Criminal law can be divided into 2 (two): Objective Criminal Law (Jus Ponale) Subjective Criminal Law (Ius Puniendi) Note: See pages 91-92 of the PHI Book by JB. Daliyo  Various Criminal Acts (Delicts) Formal delicts Material delicts Dolus delicts Culpa delicts Complaint delicts Political delicts Explanation of various criminal act (delicts): Formal delicts is a criminal act that has been committed and the act actually violates the provisions formulated in the article of the relevant law, for example: Article 362 of the Criminal Code concerning theft, and the formal offense is fulfilled if the act of taking an item without the right has been completed and with the intention of possessing the object. Material delicts is a criminal act, where the main issue is the result of the act, for example: murder (Article 338 of the Criminal Code), where the act of committing murder can be carried out in various ways, but as a result of the act of murder which takes the life of another person, this becomes a material delicts. Dolus Delicts is a criminal act carried out intentionally, for example: Article 340 of the Criminal Code concerning premeditated murder. Explanation of various criminal act (delicts): A culpa delicts is a criminal act that is not intentional, but due to negligence results in the death of a person, for example: Article 359 of the Criminal Code. A complaint delicts is a criminal act that requires a complaint from another person, so before there is a complaint it is not a delict, for example: adultery, insult, defamation. Political delicts are criminal acts aimed at state security either directly or indirectly, for example: rebellion against the legitimate government  Criminal Code Systematics Book I concerning General Rules (Article 1 – Article 103), consists of 103 articles contained in 9 chapters Book II concerning Crime (Article 104 – Article 488), consists of 385 articles contained in 31 chapters Book III concerning Violations (Article 499 – Article 569), consists of 81 articles contained in 10 chapters.  Types of Punishment according to the Criminal Code The main punishment is: a. Death penalty b. prison sentence c. imprisonment d. fine punishment Additional penalties are: a. Revocation of certain rights b. confiscation of certain items c. announcement of the verdict