INTISARI HUKUM PIDANA: PERTANGGUNG JAWABAN PIDANA #2

Summary

This video discusses the concept of criminal responsibility in Indonesian law, particularly focusing on the relationship between fault and punishment. It outlines the three key principles of criminal law: criminal acts, criminal responsibility, and punishment. The principle of 'no punishment without fault' is emphasized, with exceptions such as strict liability and vicarious liability. The speaker also touches on the application of criminal responsibility in corporate crimes and emerging fields like cryptocurrency. The discussion highlights the balance between traditional legal principles and the evolving legal landscape in Indonesia.

Takeaways

• 😀 Criminal liability is a key concept in criminal law, and it is closely tied to fault or blameworthiness in a legal context.
• 😀 The principle 'no punishment without fault' (tiada pidana tanpa kesalahan) is fundamental in criminal law, meaning that punishment is only justified when there is fault, either through intention (sengaja) or negligence (kealpaan).
• 😀 Strict liability offenses, where punishment can occur regardless of fault, are an exception in Indonesian law, and they can only be applied if specifically stated in the law.
• 😀 The new Indonesian Criminal Code (KUHP) emphasizes that criminal responsibility can only be assigned when a person has committed an offense with intent or negligence, as outlined in Article 36.
• 😀 Article 37 of the new KUHP allows for strict liability and vicarious liability in cases where specifically mandated by law, marking an exception to the general principle of fault-based liability.
• 😀 Criminal responsibility involves the transition of blame from the prohibited act to the person who committed it, reflecting society's condemnation of the act and assigning accountability to the perpetrator.
• 😀 In the context of corporate crime, the new KUHP provides clear guidelines for corporate criminal liability, specifically in Articles 45 to 50, which include detailed procedures for holding corporations accountable.
• 😀 Liability based on fault can be extended to legal entities, such as corporations, as outlined in various laws outside the KUHP, which are harmonized under the new code for more unified regulation.
• 😀 The development of new crime categories, such as those related to cryptocurrencies, still adheres to the core principles of criminal law, where fault (mens rea) must be proven, though exceptions like strict liability may apply if the law specifically requires it.
• 😀 Despite advancements in criminal law, the core doctrinal principle that someone should not be punished without fault remains unchanged, and this is clearly stated in the new KUHP.
• 😀 The new KUHP aligns with international criminal law doctrines, reaffirming that the burden of criminal liability lies on the defendant's fault, unless an exception such as strict or vicarious liability is explicitly outlined by law.

Q & A

What are the three main concepts in criminal law as discussed in the script?

The three main concepts in criminal law are: 1) Tindak Pidana (Criminal Act), 2) Pertanggungjawaban Pidana (Criminal Liability), and 3) Pidana dan Pemidanaan (Punishment and Sentencing). These concepts are outlined in the Indonesian Criminal Code (KUHP) and form the foundation of criminal law.

What does the principle 'tiada pidana tanpa kesalahan' mean?

'Tiada pidana tanpa kesalahan' translates to 'no punishment without fault.' It is a fundamental principle in criminal law, meaning that individuals can only be held criminally responsible if they have committed an act with fault (intent or negligence).

How does 'mens rea' relate to criminal responsibility?

'Mens rea' refers to the mental state or intention of the individual when committing a crime. In the context of criminal responsibility, a person must have the necessary 'guilty mind'—whether intentional or negligent—for liability to be imposed. This aligns with the principle of 'tiada pidana tanpa kesalahan.'

What is the significance of Article 36 in the KUHP Baru?

Article 36 of the KUHP Baru emphasizes that criminal responsibility can only be assigned if the offense was committed intentionally or due to negligence. It reinforces the principle of no punishment without fault and distinguishes between intentional acts (kesengajaan) and negligent acts (kealpaan).

What is 'strict liability,' and how does it affect criminal responsibility?

Strict liability refers to criminal responsibility being imposed without the need to prove fault (mens rea). In some cases, individuals or entities can be held liable for offenses even if they did not act intentionally or negligently. Under the KUHP Baru, strict liability applies only when specifically outlined by law, as per Article 37.

What is 'vicarious liability' in the context of criminal law?

Vicarious liability is a legal doctrine where an individual or entity can be held responsible for the actions of others, typically those under their authority or control. For example, a corporation may be held liable for crimes committed by its employees under certain conditions. This is also regulated by the KUHP Baru, particularly in Articles 45-50.

How does the KUHP Baru address corporate criminal liability?

The KUHP Baru addresses corporate criminal liability by introducing provisions that hold corporations responsible for crimes committed by their directors, officers, or employees. Articles 45-50 specifically outline the procedures for corporate criminal liability, aligning with the growing recognition of corporate crime in modern legal systems.

Can a person be held criminally liable if they were unable to understand their actions due to mental illness?

No, a person who cannot understand the nature of their actions due to mental illness may not be criminally liable. Under criminal law, a person can only be held responsible if they are capable of understanding and controlling their actions. This principle ensures fairness in the criminal justice system.

How does the new Indonesian Criminal Code (KUHP Baru) approach emerging crimes like fraud or money laundering?

The new Indonesian Criminal Code addresses emerging crimes like fraud and money laundering by updating legal provisions to include these offenses within the scope of criminal liability. While the core principle of criminal liability based on fault still applies, specific laws govern these modern financial crimes.

How does the Indonesian legal system deal with new challenges like cryptocurrency crimes?

The Indonesian legal system, while still rooted in traditional principles of criminal law, is adapting to new challenges like cryptocurrency crimes by incorporating modern legal frameworks and regulatory measures. However, the basic principles of criminal liability, such as 'mens rea,' remain central, and any exceptions (such as strict liability) must be explicitly defined by law.