TINDAK PIDANA #IntisariHukumPidana 1

Summary

This video provides an insightful overview of criminal law in Indonesia, focusing on the concept of criminal offenses (*tindak pidana*). It explores the dualistic and monistic paradigms in understanding criminal liability, defines criminal offenses according to various scholars, and discusses the elements that constitute a crime. The script also examines the structure of Indonesia’s Penal Code (KUHP), highlighting the classification of crimes, from general offenses to special crimes like terrorism and corruption. The content aims to clarify foundational concepts in criminal law for better understanding and application.

Takeaways

• 😀 The first segment introduces the topic of criminal law, specifically focusing on the concept of criminal offenses (tindak pidana).
• 😀 Criminal offenses are categorized under three key principles of criminal law: criminal offense, criminal responsibility, and punishment.
• 😀 There are two major paradigms for understanding criminal offenses: monistic (where offenses and liability are viewed together) and dualistic (where offenses and liability are considered separately).
• 😀 The Indonesian Penal Code (KUHP) adopts a dualistic approach, as criminal responsibility is regulated separately from criminal offenses.
• 😀 The definition of criminal offenses in Indonesian law is provided under Article 12 of Law No. 1 of 2023, specifying that criminal offenses must be acts that are prohibited and subject to legal sanctions.
• 😀 Criminal offenses must generally be contrary to the law, unless justified by a legal excuse or justification under specific circumstances.
• 😀 The KUHP's dualistic approach is reflected in its separation of criminal offenses and criminal responsibility, and the division of concepts like justifications and excuses into distinct sections.
• 😀 The elements of a criminal offense, as defined by legal scholars, are divided into 'bestand' (objective elements of the offense) and 'elementen' (subjective elements like guilt, intention, or accountability).
• 😀 In the KUHP, criminal offenses are grouped into three main categories: general criminal offenses, offenses based on societal law (living law), and special criminal offenses (e.g., terrorism, corruption).
• 😀 The KUHP also incorporates new categories of crimes, including specialized offenses like human rights violations, corruption, and money laundering, which are classified as 'special internal criminal offenses'.

Q & A

What are the two main paradigms used to define criminal offenses in Indonesian law?

The two main paradigms are the monistic and dualistic perspectives. The monistic perspective combines the criminal offense and criminal responsibility into one concept, while the dualistic perspective treats them separately.

How does the monistic paradigm define criminal offenses?

In the monistic paradigm, a criminal offense is an act that is prohibited by law, punishable by penalties, and performed with intent or fault by someone who can be held criminally responsible.

How does the dualistic paradigm view criminal offenses and criminal responsibility?

The dualistic paradigm separates criminal offenses and criminal responsibility. Criminal offenses are addressed in one section of the law, while criminal responsibility is treated separately in another section.

What is the definition of a criminal offense according to KUHP 2023, Article 12?

According to Article 12 of KUHP 2023, a criminal offense is an act that is prohibited by law and punishable by sanctions or actions. The act must also be inherently unlawful unless justified by specific legal exceptions.

What are the three main possibilities for the consequences of committing a criminal offense under Indonesian law?

The three possible consequences are: 1) the person may be sentenced to a penalty, 2) the person may be subjected to an action, or 3) the person may face both a penalty and an action, depending on the context of the case.

What distinguishes the monistic view from the dualistic view in the context of criminal offenses?

The monistic view integrates both the criminal act and the criminal responsibility into one concept, while the dualistic view separates these elements, addressing them in different parts of the law.

What is the role of the Indonesian Penal Code (KUHP) in defining criminal offenses?

The KUHP provides the framework for criminal offenses in Indonesia, distinguishing between general offenses, offenses based on societal laws, and specific offenses like corruption, terrorism, and narcotics-related crimes.

Can a corporation be held accountable for committing a criminal offense in Indonesia?

Yes, under the definition of criminal offenses provided in the transcript, both individuals and corporations can be held accountable for criminal acts.

How does KUHP categorize crimes, and what are the differences in the categorization?

KUHP categorizes crimes into three main categories: 1) general offenses, 2) crimes based on societal laws (living law), and 3) specialized crimes (e.g., human rights violations, corruption, terrorism). These categories differ in the nature of the offenses and the applicable punishments.

What is the difference between the general offenses in KUHP and the specialized crimes like corruption or terrorism?

General offenses are common criminal acts, while specialized crimes are more serious and specific offenses such as human rights violations, terrorism, corruption, money laundering, and narcotics offenses. These specialized crimes are addressed with specific laws and regulations outside the KUHP.