PERMUFAKATAN JAHAT, PERSIAPAN DAN PERCOBAAN TINDAK PIDANA #IntisariHukumPidana 8

Summary

This video delves into the significant changes in the new Criminal Code, focusing on criminal conspiracy, preparation, and attempt. It explains how these terms have evolved from the old code, with specific legal definitions and conditions for punishment. Conspiracy involves an agreement between two or more individuals to commit a crime, while preparation covers actions taken to set the stage for a crime. An attempt is when a crime is started but not completed. The video also highlights the graduated punishment system and exceptions, offering a detailed comparison with the old Criminal Code to clarify the law's updated approach.

Takeaways

• 😀 Criminal conspiracy, preparation, and attempt are new provisions introduced in the new Criminal Code, differing from the old code which only covered criminal acts.
• 😀 Criminal conspiracy (Article 13) occurs when two or more people agree to commit a crime, without any further action taken yet.
• 😀 Criminal preparation (Article 15) involves actions like gathering tools, information, or creating plans, which are directly intended to facilitate a crime.
• 😀 Criminal attempt (Article 17) occurs when an individual starts committing a crime but does not complete it, or the intended result or consequences are not achieved.
• 😀 The punishment for conspiracy, preparation, and attempt is graduated based on how far the crime progresses, with a completed crime facing the highest penalty.
• 😀 Exclusions are in place, such as when someone voluntarily withdraws from a conspiracy or prevents a crime, in which case they will not be punished.
• 😀 The new Criminal Code accommodates both subjective and objective interpretations of when an attempt begins, offering a broader legal understanding.
• 😀 The new Criminal Code codifies previously doctrinal concepts, like the 'attempt without consequences' doctrine, now officially considered punishable.
• 😀 Special criminal laws, like those for terrorism, narcotics, or corruption, may treat conspiracy or preparation as equally severe as the completed crime.
• 😀 In the new code, criminal conspiracy and preparation can only be punished for serious criminal acts, and this must be explicitly stated in the law for such punishments to apply.
• 😀 An important distinction is made in the new code: while a minor crime’s attempt is not punishable, major crimes can still be punished based on the attempt, even if it is unsuccessful.

Q & A

What is the main focus of the video script?

The main focus of the video script is on the legal concepts of criminal conspiracy, preparation, and attempt, as they are outlined in the new Criminal Code, and the differences between the new and old codes.

What are the key differences between the old and new Criminal Code regarding criminal conspiracy, preparation, and attempt?

The new Criminal Code introduces two new themes: criminal conspiracy and preparation, which did not exist in the old Criminal Code. It also provides more detailed conditions and exclusions for punishment based on these actions, as well as the inclusion of 'attempts' with clear guidelines.

How does the new Criminal Code define criminal conspiracy?

Criminal conspiracy is defined in Article 13, paragraph 1 of the new Criminal Code as when two or more people agree to commit a crime, without yet taking any action towards its execution.

What actions are included in the 'preparation' phase according to the new Criminal Code?

According to Article 15, paragraph 1, preparation involves actions such as obtaining tools, gathering information, or making plans that are directly aimed at committing the crime. This includes activities like buying weapons or studying maps.

How is the concept of 'attempted crime' described in the new Criminal Code?

An attempted crime occurs when the perpetrator starts the implementation of a crime but does not complete it or fails to achieve the intended results, as outlined in Article 17, paragraph 1. The failure is not due to the perpetrator's own will.

What is the graduated nature of criminal punishment for conspiracy, preparation, and attempt?

The criminal punishment for criminal conspiracy is one-third of the maximum penalty for the completed crime. Preparation carries half the penalty, while an attempt is punished with two-thirds of the penalty. The punishment for the completed crime is the maximum penalty.

How do specific laws like the Terrorism Law or Narcotics Law affect the punishment for conspiracy and preparation?

Specific laws such as the Terrorism Law or Narcotics Law may prescribe the same penalties for conspiracy or preparation as for the completed crime, differing from the general provisions in the Criminal Code. These special laws override the general criminal code in such cases.

What is the condition under which criminal conspiracy and preparation cannot be punished?

Criminal conspiracy and preparation can only be punished for very serious criminal acts as defined by lawmakers. If a crime is not explicitly stated as punishable in the law, then conspiracy and preparation cannot be penalized.

What major change does the new Criminal Code introduce regarding the attempted crime compared to the old code?

The new Criminal Code expands the definition of an attempted crime to include cases where the crime is not completed but also does not produce any results or consequences, a concept previously only mentioned in legal doctrine.

What are the three conditions for an attempted crime under the old Criminal Code?

Under the old Criminal Code, an attempted crime required the following three conditions: 1) intent or formation of intent, 2) the start of the crime's implementation, and 3) failure to complete the crime, not due to the perpetrator’s own will.