PENYERTAAN TINDAK PIDANA #IntisariHukumPidana 7

Summary

This video explores the concept of 'inclusion' in criminal law, specifically focusing on the participation of multiple individuals in the commission of a crime. It distinguishes between different forms of involvement, such as ordering, mobilizing, and assisting in a crime. The speaker compares the teachings of two major legal schools regarding criminal responsibility and discusses the implications of the old and new Criminal Codes. Key differences between the two codes are highlighted, particularly in the areas of assistance and participation, emphasizing the evolution of legal frameworks in addressing criminal involvement.

Takeaways

• 😀 Participation in criminal acts refers to the involvement of more than one person in committing a crime, either before or during its execution, but not after it has been committed.
• 😀 There are two schools of thought regarding participation: one sees it as an extension of criminal responsibility, while the other views it as a separate criminal act in itself.
• 😀 The old Criminal Code in Indonesia regulates participation primarily in Articles 55 and 56, outlining different types of involvement, such as ordering, assisting, or moving others to commit a crime.
• 😀 Article 55 of the old Criminal Code covers two main forms of participation: ordering someone to commit a crime and actively participating in the crime itself.
• 😀 Article 56 of the old Criminal Code addresses the concept of assisting in the commission of a crime, which can occur either before or during the crime itself, but not after.
• 😀 A key distinction in participation is between those who order or move others to commit crimes and those who are physically involved in committing the crime. The punishment for those who order or move others can differ from the physical perpetrators.
• 😀 The new Criminal Code introduces a category for committing a crime through intermediary tools (e.g., inanimate objects), which was not present in the old Criminal Code.
• 😀 In the new Criminal Code, the roles of ordering, assisting, or moving others to commit a crime are still recognized, with specific distinctions based on their involvement.
• 😀 One significant change in the new Criminal Code is the removal of the distinction between crimes and violations, making assistance in committing a crime punishable regardless of whether it involves a crime or a violation.
• 😀 In the new Criminal Code, assistance in committing a crime is punishable by up to two-thirds of the maximum penalty for the crime committed, and personal circumstances can influence the penalty imposed on the perpetrator or accomplice.

Q & A

What is the concept of 'inclusion' in criminal law?

Inclusion refers to the involvement of more than one person in the commission of a crime, either before or at the time the crime occurs. It focuses on how participation and assistance impact criminal responsibility.

How does inclusion differ between the two main schools of thought?

The first school views inclusion as an expansion of criminal responsibility, where participation is seen as a factor of criminal responsibility. The second school treats inclusion as a separate criminal act in itself, meaning participation is considered a crime.

What are the main forms of participation in criminal acts, as defined in the old Criminal Code?

The main forms of participation in the old Criminal Code include ordering someone to commit a crime, participating in the commission of a crime, and assisting in the crime either before or during its commission.

What is the difference between 'ordering to do something' and 'moving others' to commit a crime?

'Ordering to do something' involves directing another person to commit a crime without directly participating, while 'moving others' refers to influencing someone through promises, threats, or violence to commit a crime. A key difference is that those who move others can be punished, whereas the one who orders might not be.

What are the conditions for participation in a crime?

For participation to be recognized, there must be both conscious cooperation and physical cooperation between individuals involved in the crime.

What distinguishes 'participation' from 'assistance' in criminal law?

Participation involves individuals who have an interest in the crime and are actively working together with the primary perpetrators. Assistance, on the other hand, involves individuals who help in the commission of the crime but do not share the same intent or interest in the crime itself.

How does assistance before the crime differ from assistance during the crime?

Assistance before the crime involves providing resources, information, or opportunities to commit the crime, while assistance during the crime involves helping the perpetrator carry out the act as it happens.

What are the main differences between the old and new Criminal Codes in terms of inclusion?

The new Criminal Code introduces some differences, such as the inclusion of actions through intermediary tools (inanimate objects). It also emphasizes that assisting in criminal acts is no longer restricted to crimes but applies to violations as well. Additionally, the distinction between crimes and violations is no longer present in the new Code.

How are penalties for assistance in a crime determined under the new Criminal Code?

Under the new Criminal Code, the penalty for assisting in a crime is up to two-thirds of the maximum penalty for the crime itself. However, it does not apply to violations punishable only by a fine in category two.

What role does 'mobilization' play in the context of inclusion?

Mobilization refers to the act of influencing or motivating others to commit a crime, typically through promises, threats, or other forms of coercion. This concept is crucial as it involves moving others to commit criminal acts without being directly involved in the crime itself.