Abdul Kholiq, S.H., M.H. - PERBANDINGAN HUKUM PIDANA

Summary

This educational video on criminal law comparison focuses on the principle of legality across various legal systems. It discusses Indonesia's legal framework, particularly Article 1 of the Penal Code, emphasizing that no act can be deemed a crime unless previously defined by law. The presenter compares this with other countries, including South Korea and Canada, highlighting how their legal systems recognize both written and customary laws. The session aims to deepen students' understanding of legal principles and encourages further exploration of legal comparisons internationally.

Takeaways

• 😀 The principle of legality is crucial in criminal law, determining that no act can be considered a crime unless it is defined by law beforehand.
• 😀 Article 1, paragraph 1 of the Indonesian Penal Code outlines the principle of legality, emphasizing the need for prior written laws.
• 😀 The introduction of legal regulations and their temporal applicability is essential in determining when an act is classified as criminal.
• 😀 The principle prohibits the retroactive application of laws, meaning actions must be judged by the laws that were in place at the time they were committed.
• 😀 The concept of legality is reinforced by experts in criminal law, such as Prof. Mulyatno, highlighting the prohibition of analogy in criminal matters.
• 😀 Various countries, including South Korea and Canada, have their own interpretations and applications of the principle of legality within their legal systems.
• 😀 Common law systems, like that of England, prioritize customary law and judicial precedents over codified statutes.
• 😀 South Korea's penal code recognizes unwritten laws, acknowledging social customs as part of its legal framework.
• 😀 Canada's penal code explicitly addresses war crimes, integrating customary international law into its definition of legality.
• 😀 International legal conventions, such as the ICCPR, affirm that no one should be held criminally liable for actions that were not defined as crimes at the time they occurred.

Q & A

What is the main topic of the video presented in the transcript?

The main topic is the comparison of the principle of legality in criminal law across various countries.

What does the principle of legality entail?

The principle of legality states that no act can be considered a crime unless it is defined as such in written law prior to the act occurring.

How is the principle of legality articulated in Indonesia's Criminal Code?

In Indonesia's Criminal Code, Article 1 states that no act can be deemed a crime unless it is explicitly stated in written law.

What are some key aspects of the principle of legality mentioned in the video?

Key aspects include the regulation of the temporal scope of criminal law, the source of legal liability, and the prohibition of retroactive application of criminal laws.

What does Professor Mulyatno contribute to the understanding of legality?

Professor Mulyatno identifies three main elements of the principle of legality: no punishment without a prior law, the prohibition of analogies in law, and the non-retroactivity of criminal laws.

How does the concept of unwritten law fit into the principle of legality in Indonesia?

Indonesia acknowledges unwritten law, such as customary law, which coexists with written law and can influence the legal landscape.

How is the principle of legality implemented in common law countries?

In common law countries, the principle of legality is often derived from case law and precedents rather than solely from written statutes.

What are the differences in the application of the principle of legality between Indonesia and countries like Korea and Canada?

While Indonesia relies heavily on written laws, Korea recognizes unwritten laws within its legal framework, and Canada has specific provisions for war crimes that reflect the principle of legality.

What role does international law play in the context of the principle of legality?

International law reinforces the principle of legality by establishing standards that prohibit punishing acts that were not defined as crimes under national or international law at the time they were committed.

What is the significance of the principle of legality for students studying criminal law?

Understanding the principle of legality is crucial for students as it underpins the concept of justice, ensuring that individuals are only punished for actions that are clearly defined as illegal by law.