Criminal Law
Criminal law constitute translation of the word Strafrecht (Dutch language). Criminal law in the field of public law including criminal law for regulating matters of public interest. Thus, the criminal law is the legal rules that govern the overall sanction or punishment special The drop to the offenders and crime. In a violation of the Criminal Code, a violation (overtredingen) is an act that violates the (mild) with the threat of fines. While crime (misdrijven) is an act that violates the (weight) such as theft, assault, murder, and so on. Criminal law is a part of the whole law in a country, which hold the basics and rules for :
a. Determine the actions that should not be done, which is prohibited, with the threat of sanctions in the form of a specific criminal or for any person who violates the ban;
b. Determining and in terms of what to those who violate the prohibitions may be imposed orhave been sentenced as threatened;
c. Determine in what way it can implement imposition of criminal if the person alleged to haveviolated the ban.
Thus the criminal law is not the rule of law to hold its own, but has been located on the other normsand criminal sanctions. Held to strengthen compliance with other norms, such as religion andmorality.
In the Indonesian criminal law, the draft Criminal Code (Criminal Code) section 10 known two kinds of penalties, is as follows.
a) The principal punishment consists of :
1. death penalty
2. Imprisonment:
-Criminal lifetime
-Criminal jail for a certain time (a maximum of 20 years and as low as 1 year)
3. Criminal confinement (maximum of 1 year and as low as 1 day)
4. Criminal penalties, in which case the convicted person may choose between fines toimprisonment. The maximum penalty is confinement replacement 6 Months
5. Criminal cover, the penalty imposed by the political reasons against people who havecommitted crimes punishable with imprisonment by the Criminal Code
b) an additional punishment, consisting of:
1. Revocation of certain rights:
In section 35 Criminal Code that disenfranchisement can be as follows:
-The right held the position of general / specific position
-The right to enter the armed forces
-The right to vote and be elected
-The seizure of certain goods
2. Confiscation of certain goods
3. Announcement of the judge's decision
Criminal Code or the Code of Penal codes of law is the applicable law as the basis of law in Indonesia. Criminal Code is part of the political laws in force in Indonesia, and is divided into twosections: substantive criminal law and criminal law formal. All matters relating to substantivecriminal law is about a crime, criminals and criminal (sanctions). Meanwhile, formal criminal law is the law governing the implementation of substantive criminal law.
Principles of Criminal Law:
1. The principle of legality, there is no act can be imprisoned except for the strength of the criminal rules in Regulation Legislation that had existed before the act was committed (Article 1 Paragraph (1) of the Criminal Code). If after the deed is done there is a change in the Regulation Legislation, the rule used is the lightest sanction for the defendant (Article 1 Paragraph (2) of the Criminal Code)
2. Principles of Criminal Nothing Without Errors, To convict the person who has committed a criminal act, should be done when there is an error element in that person.
3. Territorial principle, meaning Indonesian criminal law applies to all criminal incidents that occurred in the area that became the territory of the Republic of Indonesia, including the Indonesian-flagged vessels, aircraft Indonesian, and Indonesian embassies and consuls in foreign countries.
4. Active nationality principle, meaning Indonesian criminal law applies to all citizens who commit criminal acts no matter where it is located
5. Passive nationality principle, meaning Indonesian criminal law applies to all criminal acts against the interests of the State
The scope of the Criminal Law :
Objective of criminal law (ius peonale) is a whole line of legal behavior are punishable by criminal types and kinds, as well as how it can be dropped and implemented on time
and limit certain areas. ius peonale are all rules that contain / load ban / threat of regulation that has no threat of punishment. The objective of criminal law is divided into two, namely:
a. Material criminal law, is rules that contain formula: acts can be punished, who can be punished, whether the law can be imposed;
b. Formal criminal law, which is also known as the law of procedure, contains rules state how the accessories and tools do right to punish (threatening, drop, or execute).
Subjective criminal law (ius puniendi) is the right of the authorities to threaten a criminal to a behavior as outlined in the criminal law objective, holding the investigator, convict, and requires the convicted person to implement the sanctions. Essentially the question of whether or where the ruling power, according to EY Kanter answer lies in the philosophy of criminal law.
General criminal law (alegemen Strafrecht) is a criminal law that applies to every resident, except members of the military, the other name of the general criminal law is the ordinary criminal law of civil or criminal law (commune Strafrecht). However, in terms of codification of the Penal Code also referred to as the general criminal law, compared with other legislation scattered.
Special criminal law is a rule that only certain shown to action (subversion) or certain groups(military) or a specific action, such as eradication of the economy, corruption, and others.According Samidjo, S.H. specific criminal law may be cited:
a. Military criminal law;
b. Criminal law the fiscal (tax);
c. Economic criminal law;
d. Politics of criminal law; etc..
If an action is included in a general criminal rules, regulated in specific criminal laws, specifically that the subject, for it is the adage, "Lex specialis derograt lex generalis" so, a special criminal law takes precedence over the general criminal law. It can take a look at KUHPl specified in article 63 paragraph 2 of the Criminal Code and Article 103 of the Criminal Code.
Military criminal law is provision criminal provisions contained in the Criminal Code or the militarycalled KUHPT, namely the Book of the Law and Criminal Justice also known KUHDT Army, Book ofDiscipline Army Act. Criminal law the fiscal (tax) is a criminal provisions listed in the tax laws. Aneconomic criminal law provisions governing economic offense that can interfere with the public interest. Political criminal law constitute provisions governing political crimes, for example betraying state secrets, intervention, insurgency, sabotage.
Judging from the scope of criminal law can be grouped as follows :
a. Written criminal law and criminal law is not written;
b. Criminal law as positive law;
c. Criminal law as part of public law;
d. Criminal law objective and subjective criminal law;
e. Criminal law and criminal law formal material;
f. Codification of criminal law and criminal law are scattered;
g. General criminal law and criminal law specifically;
h. General criminal law (national) and local criminal laws.
CRIMINAL LAW relationship with other branches of the law:
1. In principle, the norms of the criminal law can not be separated by other legal norms (related to other legal norms).
2. Has the function of strengthening the enactment of another norm.
3. The criminal law serves to force compliance with another norm through the imposition of criminal law.
4. The position of criminal sanctions as the ultimate weapon (Last sanctions) against sanctions in other branches of law (Ultinum remedium = new criminal sanctions when sanctions used in other branches of law are not effective).
