Perbarengan Tindak Pidana-Animasi Hukum

Summary

This video explains key concepts from Indonesian criminal law, specifically focusing on the handling of multiple crimes committed together. It covers 'Concursus Idealis,' where multiple offenses are punished by the heaviest applicable penalty; 'Perbuatan Berlanjut' (ongoing crimes), where related offenses are treated as part of a single crime; and 'Concursus Realis,' where distinct crimes are punished cumulatively with specific limitations. The video provides examples to illustrate how different crime combinations are penalized and includes an important legal principle, 'lex specialis derogat legi generali.'

Takeaways

• 😀 Concursus Idealis (Ideal Concurrence) involves a single act violating multiple criminal laws, with the punishment being based on the most severe offense.
• 😀 The Absorption System means that if multiple crimes are committed in a single act, only the most severe penalty applies, unless specified otherwise by a special law (lex specialis).
• 😀 Concursus Realis (Real Concurrence) occurs when multiple distinct crimes are committed, each charged separately with a cumulative sentence subject to certain limits.
• 😀 Perbuatan Berlanjut (Continued Acts) refers to actions that are considered as a single offense due to a continuous intent or plan, with a punishment based on the most severe offense.
• 😀 In Concursus Idealis, if a crime such as rape involves two distinct charges (e.g., Article 285 and 281), the punishment is based on the most severe penalty, typically the longest prison term.
• 😀 Lex Specialis Derogat Legi Generalis means that special laws override general laws, which is relevant in cases like abortion (Article 341) overriding general homicide laws (Article 338).
• 😀 For Perbuatan Berlanjut, the criminal acts must have a common intention, the acts must be of the same type, and the time between the acts must not be excessively long.
• 😀 In Concursus Realis, if the crimes are of the same type, the penalties are cumulative but cannot exceed the maximum penalty of the most severe offense plus one-third.
• 😀 When crimes are of different types in Concursus Realis, all penalties apply, but the total cannot exceed the most severe penalty plus one-third of it.
• 😀 In cases involving minor crimes or violations, a special system of cumulative penalties with specific limits (e.g., one year four months) applies to ensure proportional sentencing.

Q & A

What is 'concursus idealis' in Indonesian criminal law?

Concursus idealis refers to a situation where a single act violates multiple criminal provisions. In this case, the punishment system uses the absorption method, meaning only the most severe penalty is imposed.

How does the absorption system work in the case of concursus idealis?

In the absorption system, when multiple offenses are committed in one act, the punishment for the most severe crime is applied. If the penalties for the crimes differ, the punishment corresponding to the most severe crime is chosen.

What does the principle of 'lex specialis derogat legi generalis' imply in the context of concursus idealis?

'Lex specialis derogat legi generalis' means that a specific law overrides a general law. For example, if a specific law addresses a crime like abortion, it takes precedence over a general law that could also apply, leading to a lighter sentence in that case.

Can you give an example of how 'lex specialis derogat legi generalis' works in practice?

If a mother performs an abortion, she could be charged under *Pasal 341* with a penalty of 7 years, even though *Pasal 338* for murder carries a 15-year penalty. The specific law on abortion prevails over the general law on homicide.

What is 'perbuatan berlanjut' and how is it defined in Indonesian criminal law?

'Perbuatan berlanjut' refers to a series of acts that are closely linked and considered as a continuous criminal act. This type of crime requires a single intent, similar types of crimes, and a short time frame between the actions.

How is the punishment determined in cases of 'perbuatan berlanjut'?

In cases of continuing acts, the punishment follows the absorption system, where only the most severe penalty is applied, even if multiple acts were committed. In cases of lighter crimes, special provisions in laws like *Pasal 364, 373*, and *4071* apply.

What is 'concursus realis' in Indonesian criminal law?

'Concursus realis' occurs when a person commits multiple independent criminal acts, each qualifying as a separate crime. The punishment system for this involves various methods depending on whether the crimes are of the same type or different types.

How is punishment determined in cases of 'concursus realis' involving crimes of the same type?

When crimes of the same type are committed, the sentences are combined, but the total sentence cannot exceed the maximum sentence for the most severe crime plus one-third of its maximum.

How is punishment calculated for crimes of different types in 'concursus realis'?

When different types of crimes are committed, the punishments for each crime are imposed, but the total sentence cannot exceed the maximum sentence for the most severe crime plus one-third.

What happens in cases of lighter offenses under 'concursus realis'?

For lighter offenses, the punishment system involves cumulative sentences, but the total sentence is limited to a maximum of one year and four months.

What is the maximum penalty for 'concursus realis' when involving violations?

When the offenses involve violations, the punishment follows a cumulative system, but the total sentence cannot exceed eight months.

What is the philosophical quote mentioned at the end of the video, and what does it mean?

The quote is 'Live as if you will die tomorrow, and learn as if you will live forever.' It encourages people to live fully and make the most of their lives, while continuously seeking knowledge and growth.