Batas Berlakunya Hukum Pidana dari Segi Tempat Part_1

Summary

This video script explains the principles of territorial validity in criminal law, focusing on the concept of territorial jurisdiction in Indonesia. It discusses how Indonesian criminal law applies to crimes committed within its territorial borders, including specific areas like territorial waters, airspace, and registered ships or aircraft. The script also covers the 'locus delicti' principle, determining where a crime occurs and which court or country has jurisdiction. Through various examples, it clarifies how legal theories influence jurisdiction, providing insight into the application of law across borders and aiding a deeper understanding of the legal system.

Takeaways

• 😀 The principle of territoriality in criminal law means that criminal laws apply based on the location where the crime occurs, regardless of the nationality of the perpetrator.
• 😀 The legal basis for territoriality in Indonesian law is found in Article 2 of the Indonesian Penal Code (KUHP), which applies criminal law to any person committing a crime within Indonesia's territory.
• 😀 The concept of territoriality covers various territories, including all islands and land previously governed by the Dutch East Indies, as well as Indonesia’s territorial waters, rivers, and lakes.
• 😀 The Exclusive Economic Zone (ZEE) extends up to 200 nautical miles from the baseline of Indonesia's coastline, where Indonesia can enforce criminal laws.
• 😀 Indonesian law also applies to Indonesian-registered ships or aircraft involved in crimes, even when they are outside of Indonesia’s territorial waters or airspace.
• 😀 The principle of territoriality is grounded in a nation’s sovereignty and its obligation to maintain security and order within its borders.
• 😀 Locus delicti refers to the location where a crime is considered to have occurred, and it plays a crucial role in determining which country’s criminal laws apply and which court has jurisdiction.
• 😀 There are different theories to determine the locus delicti, such as based on where the act was committed, where the tool used in the crime was utilized, or where the resulting harm occurred.
• 😀 The ‘place where the crime occurred’ theory attributes jurisdiction to the location where the criminal act itself took place. For example, if a crime occurred in Johor, Malaysia, Malaysian law would apply.
• 😀 The 'based on the consequence of the crime' theory places jurisdiction where the result of the crime (such as the death of a victim) occurred, which could be different from where the crime was initially committed.

Q & A

What is the principle of territoriality in criminal law?

The principle of territoriality in criminal law states that a country's criminal laws apply to all crimes committed within its territorial boundaries, regardless of the nationality of the perpetrator. This principle is fundamental to the enforcement of a country's legal system over its defined territory.

How does the territoriality principle apply to crimes committed by foreigners?

The territoriality principle applies regardless of the nationality of the perpetrator. If a foreigner commits a crime within the boundaries of a country's territory, that country’s criminal laws apply. For example, if a Malaysian citizen commits theft in Indonesia, Indonesia's criminal law will apply.

What is the basis for the territoriality principle in criminal law?

The basis for the territoriality principle lies in the sovereignty of a nation over its own territory. A state has the responsibility to maintain order and security within its boundaries, and therefore, it has the right to apply its laws to actions that occur within its territorial limits.

What areas are considered part of Indonesia’s territorial jurisdiction?

Indonesia’s territorial jurisdiction includes all its islands, rivers, lakes, and waters, as well as its exclusive economic zone (EEZ) extending up to 200 nautical miles from the baseline of its coastal waters, as stipulated by Indonesian law.

What is the concept of ‘locus delicti’ in criminal law?

Locus delicti refers to the place where a crime occurs. It is a legal concept used to determine where a crime has taken place, and it influences which country's laws will be applied and which court will have jurisdiction over the case.

Why is determining locus delicti important in criminal law?

Determining locus delicti is crucial because it helps establish which country's laws should apply to a crime and which court has jurisdiction over the case. It ensures that legal proceedings are carried out by the appropriate authorities based on where the crime took place.

What role does locus delicti play in determining the jurisdiction of a court?

Locus delicti helps determine the jurisdiction of a court by identifying the location of the crime. The court located in the area where the crime occurred will generally have the authority to hear and adjudicate the case.

How does the principle of territoriality apply to Indonesian ships and aircraft?

According to the territoriality principle, Indonesian ships and aircraft are considered part of Indonesia's territory, even when they are operating in foreign waters or airspace. If a crime occurs aboard an Indonesian-registered ship or aircraft, Indonesian criminal law applies.

What is the Exclusive Economic Zone (EEZ) and how does it relate to territorial jurisdiction?

The Exclusive Economic Zone (EEZ) extends 200 nautical miles from the baseline of a coastal nation’s territory. In Indonesia, this zone is considered part of its territorial jurisdiction, and the country has the right to enforce its laws, including criminal law, within this area.

What is the significance of the CMB (Round Table Conference) regarding Indonesia's territorial boundaries?

The CMB (Konferensi Meja Bundar or Round Table Conference) resulted in the recognition of Indonesia's territorial boundaries, affirming the sovereignty of Indonesia over the former Dutch East Indies territory. This marked the full return of territorial rights to Indonesia after Dutch rule and established the legal foundation for Indonesia’s jurisdiction over these areas.