Prof. Eddy O.S. Hiariej - Apa Itu Hukum Pidana ?

Summary

This video provides an introduction to criminal law, explaining key concepts such as the definition, scope, and objectives of the field. It distinguishes between the broad and narrow meanings of criminal law, covering both material and formal aspects. The discussion focuses on the criminal law of Indonesia, explaining its role in regulating prohibited actions and the penalties for violations. The video also highlights three core areas of material criminal law: criminal acts, criminal responsibility, and criminal sanctions, providing a foundational understanding for further study in this area of law.

Takeaways

• 😀 Criminal law refers to the set of legal rules set by a sovereign state, outlining prohibited actions and penalties for violations.
• 😀 Criminal law is divided into two main areas: substantive criminal law (materiil) and procedural criminal law (formil).
• 😀 Substantive criminal law defines crimes and prescribes punishments for those who break the law.
• 😀 Procedural criminal law deals with the processes of prosecuting crimes, ensuring fairness, and enforcing penalties.
• 😀 In everyday conversation, criminal law typically refers to substantive law, while procedural law is usually discussed as 'criminal procedure.'
• 😀 Criminal law aims to clarify what constitutes criminal behavior, determine responsibility, and ensure justice through penalties.
• 😀 The object of criminal law is the body of positive criminal law in a particular country, such as Indonesia's legal system.
• 😀 The purpose of studying criminal law is to understand its objectivity and its application in a given legal system.
• 😀 Substantive criminal law focuses on three key areas: criminal acts, criminal responsibility, and criminal penalties.
• 😀 A criminal act (perbuatan pidana) refers to any action deemed illegal by the law and subject to penalties.
• 😀 Criminal responsibility (pertanggungjawaban pidana) determines accountability for criminal acts and ensures just application of penalties.

Q & A

What is the definition of criminal law as mentioned in the script?

Criminal law is defined as the set of rules established by a sovereign state that outlines prohibited actions or required behaviors, along with the penalties for those who violate or fail to comply with these rules.

What are the two main components of criminal law discussed in the script?

The two main components of criminal law are 'material criminal law' (substantive law) and 'formal criminal law' (procedural law). Material criminal law addresses the prohibited or required actions, while formal criminal law deals with the application of penalties.

How is criminal law perceived in everyday conversation?

In everyday conversation, criminal law is typically understood as 'material criminal law', which focuses on the prohibited actions and penalties, rather than the procedural aspects of the law.

What is the focus of criminal law as taught in Indonesian law faculties?

In Indonesian law faculties, the course labeled 'criminal law' usually refers to 'material criminal law', while courses related to 'formal criminal law' are often called 'criminal procedural law'.

What does the term 'criminal law science' refer to in the context of the script?

'Criminal law science' refers to the field of study that explains the positive criminal laws in force within a country, specifically referring to the criminal law system in Indonesia.

What is meant by 'positive criminal law'?

Positive criminal law refers to the criminal laws that are currently in effect and enforceable within a specific country, such as Indonesia in this context.

What is the ultimate goal of studying criminal law according to the script?

The goal of studying criminal law is to understand the objectivity and application of positive criminal law, ensuring a clear comprehension of how laws are applied and enforced.

What are the three main aspects of material criminal law as mentioned in the video?

The three main aspects of material criminal law are: 1) criminal acts (perbuatan pidana), 2) criminal responsibility (pertanggungjawaban pidana), and 3) criminal sanctions (sanksi pidana).

What is meant by 'criminal acts' in the context of material criminal law?

Criminal acts (perbuatan pidana) refer to actions that are considered illegal and are punishable by law according to criminal law.

What does 'criminal responsibility' entail in criminal law?

Criminal responsibility (pertanggungjawaban pidana) refers to the accountability of individuals who commit criminal acts, meaning they are held responsible for their illegal actions under the law.

What are 'criminal sanctions' and how do they relate to criminal law?

Criminal sanctions (sanksi pidana) are the penalties or punishments that are imposed on individuals who violate criminal laws. They serve as consequences for criminal behavior and are a key part of the enforcement of criminal law.