Perbuatan Pidana_Part. 2

Summary

This script delves into the concept of unlawful nature in criminal law, explaining how every criminal act must contain an unlawful element. It explores the distinction between general and special unlawful nature, as well as formal and material unlawful nature. Formal unlawful nature refers to acts prohibited by written law, while material unlawful nature is based on societal values. Through real-life examples, such as Aal's and Grandma Minah's cases, the script illustrates how societal values can influence the interpretation of unlawfulness, potentially negating or reinforcing a criminal act despite written laws.

Takeaways

• 😀 All criminal acts must contain an unlawful element to be considered a criminal act.
• 😀 There are two types of unlawful nature: general and special. General refers to the inherent unlawful nature in all criminal acts, while special refers to unlawful elements explicitly stated in the crime's formulation.
• 😀 A crime's unlawful element does not always have to be explicitly mentioned in the criminal law; it can still be a criminal act if an unlawful element exists.
• 😀 Formal unlawful nature is when an act is declared a criminal act by written law or statutes.
• 😀 Material unlawful nature refers to acts that may not be written in law but are considered criminal based on societal values or unwritten law.
• 😀 Material unlawful nature can function in two ways: positively (making an act criminal based on societal values) or negatively (eliminating the criminal nature of an act due to societal values).
• 😀 In formal unlawful nature, the unlawful nature of an act is explicitly defined by written laws, such as the Criminal Code.
• 😀 In material unlawful nature, the unlawful element is derived from societal values, either adding or negating the criminal nature of an act.
• 😀 Case study of Aal, who took sandals thinking they were discarded. The public opinion did not deem his actions criminal despite fitting the legal definition of theft, based on societal values of the item’s worth.
• 😀 Case study of Grandma Minah, who took cocoa beans with good intentions. While her act technically met the legal definition of theft, societal values did not consider it a crime, showing the negative function of material unlawful nature.

Q & A

What is meant by the 'unlawful nature' of a criminal act?

The 'unlawful nature' of a criminal act refers to the inherent characteristic that an act must possess to be considered criminal. It indicates that the act violates either written law (formal unlawful nature) or unwritten societal norms (material unlawful nature). Without this unlawful element, an act cannot be regarded as a criminal offense.

What is the difference between 'general unlawful nature' and 'special unlawful nature'?

General unlawful nature is the broad requirement that every criminal act must contain an unlawful element, which may not always be explicitly stated in the law. Special unlawful nature refers to acts where the unlawful element is explicitly included in the law or formulation of the crime, such as in the example of theft under Article 362 of the Criminal Code.

Can a criminal act still be considered unlawful if it does not explicitly state the unlawful element?

Yes, a criminal act can still be unlawful even if the unlawful element is not explicitly stated in the law. As long as the act contains an unlawful element, whether implicitly or explicitly, it qualifies as a criminal act.

What does 'formal unlawful nature' mean in criminal law?

Formal unlawful nature refers to the situation where an act is considered unlawful because it is explicitly prohibited by written law or statute. Essentially, it is the formal declaration of an act as criminal by legislation.

How does 'material unlawful nature' differ from 'formal unlawful nature'?

Material unlawful nature is based on societal values or unwritten laws, meaning an act may be deemed unlawful even if it is not prohibited by written law. In contrast, formal unlawful nature is based entirely on written law or statute.

What are the two functions of material unlawful nature?

Material unlawful nature can function in two ways: a positive function, where societal values elevate an act to be considered criminal even if not specified in written law, and a negative function, where societal values negate an act’s criminality despite it being prohibited by written law.

What is an example of material unlawful nature in a negative function?

An example is the case of Aal, who took sandals he found outside a post. While his action might be considered theft under formal law, societal values, such as the poor condition of the sandals and Aal’s assumption they were discarded, led the community to view his actions as non-reprehensible.

How does societal value impact the classification of a criminal act?

Societal value can influence whether an act is considered reprehensible or not, even when it technically violates written law. For instance, an act might be seen as non-criminal or justified by the community, as seen in the cases of Aal and Minah’s grandmother, where their actions were not viewed as criminal due to public opinion.

What is the significance of the case of Minah's grandmother in understanding material unlawful nature?

Minah’s grandmother’s case illustrates how material unlawful nature in a negative function can apply. Even though she technically committed theft by taking cocoa beans under formal law, the community viewed her actions as non-criminal due to her intent to preserve the beans from rotting, reflecting societal values overriding written law.

Can an act be legally classified as a criminal act despite public opinion or societal values?

Yes, an act can still be legally classified as a criminal act according to written law, even if public opinion or societal values deem it non-criminal. However, societal values may influence whether the act is considered reprehensible and whether punishment is deemed appropriate, as seen in the examples provided.