Pengertian Percobaan dan Teori Objektif dan Subjektif Tentang Percobaan

Summary

In this presentation, Inaaya Haryani discusses the legal concept of an attempted crime as outlined in Indonesia's Criminal Code. She explains that an attempt to commit a crime is punishable if the intention is clear and there's an initiation of execution, even if the crime is not completed. The presentation also covers the difference between objective and subjective theories of criminal attempts, with notable proponents being De Simons for the objective theory and G. Van Hamel for the subjective theory. The focus is on the legal implications and the protection of legal interests.

Takeaways

• 😀 The presenter introduces themselves as Inaaya Haryani, a student with NIM 502022314, and shares the topic of their presentation: the definition of attempts and the theories of objective and subjective attempts in criminal law.
• 😀 According to Article 53 of the Indonesian Criminal Code, a person can be punished for attempting a crime if their intent is clear from the early stages of committing the act, even if the crime is not completed.
• 😀 If a crime is attempted but not completed due to the defendant's own actions, the punishment is reduced, but the maximum sentence may still apply, with a 15-year prison sentence for attempted crimes.
• 😀 Additional penalties for attempts are the same as for completed crimes, according to Article 53 of the Criminal Code.
• 😀 The definition of an attempt in criminal law is an act that begins to execute a crime but is not completed, where the failure is not due to the defendant's will.
• 😀 There are two main theories of attempts in criminal law: objective theory and subjective theory.
• 😀 The objective theory, supported by figures like De Simons, argues that an attempt can be punished if the act endangers legal interests, even if the crime itself is not completed.
• 😀 The subjective theory, supported by G. Van Hamel, focuses on the intent behind the attempt, and whether the actor's intention to commit the crime is clear, regardless of the outcome of the act.
• 😀 According to the objective theory, the key to criminal liability for an attempt is whether the act has endangered a legal interest, even if it has not directly violated a legal interest.
• 😀 The Indonesian Criminal Code does not clarify whether it adopts the objective or subjective theory for attempts, leaving the decision to be determined by legal rulings based on the case at hand.
• 😀 The presenter concludes by highlighting that due to differing theories, the interpretation and application of attempt laws can vary, as evidenced by different legal decisions.

Q & A

What is the legal definition of an attempted crime under Indonesian law?

An attempted crime under Indonesian law is defined in Article 53 of the Indonesian Penal Code. It involves the initiation of a criminal act, where the intention to commit the crime is clear, but the act is not completed, and the failure is not solely due to the actor's decision.

What are the main legal consequences of attempting a crime in Indonesia?

The legal consequences for attempting a crime in Indonesia include a reduced penalty. If the crime is punishable by death or life imprisonment, the penalty for an attempt is up to 15 years in prison. Additionally, the law specifies that the penalty is less severe than for a completed crime.

How is an attempt to commit a crime legally distinguished from a completed crime in Indonesia?

An attempt is distinguished from a completed crime based on the fact that the criminal act was initiated but not finished. The difference lies in whether the perpetrator’s actions were interrupted not by their own will or choice, and whether a crime was completed or not.

What is the key difference between objective and subjective theories of attempted crime?

The objective theory focuses on whether the action taken poses a danger to legal interests, regardless of the intent. In contrast, the subjective theory emphasizes the intent of the person committing the act, focusing more on the mental state and purpose behind the action.

What is the central idea behind the objective theory of attempted crime?

The central idea behind the objective theory is that a crime attempt is punishable if the action poses a risk to legal interests, even if the crime itself is not fully completed. The focus is on the harmful potential of the act.

What does the subjective theory of attempted crime focus on?

The subjective theory focuses on the intent of the perpetrator, asserting that the criminal attempt is defined by the person’s mental state and their intention to commit the crime, regardless of whether or not the action itself causes harm.

Does Indonesian law clearly adopt either the objective or subjective theory for attempted crimes?

No, Indonesian law does not clearly adopt either the objective or subjective theory for attempted crimes. The Penal Code does not provide a definitive stance on which theory is followed, leaving it up to judicial interpretation.

How does the Indonesian Penal Code handle attempted crimes compared to completed crimes?

The Indonesian Penal Code treats attempted crimes less severely than completed crimes. For an attempt, the penalty is reduced, typically to a maximum of 15 years in prison, whereas completed crimes might carry harsher penalties, such as death or life imprisonment.

What role does the concept of 'intent' play in the legal understanding of an attempted crime?

Intent plays a significant role in the legal understanding of an attempted crime. It helps establish that the perpetrator had a clear purpose or desire to commit the crime, even though the act itself was not completed. This is particularly relevant in the subjective theory, which emphasizes the mental state of the person involved.

What is the significance of Articles 53 and 54 in the Indonesian Penal Code concerning attempted crimes?

Articles 53 and 54 of the Indonesian Penal Code outline the legal framework for attempting a crime. These articles define what constitutes an attempt and specify the legal consequences, including the reduced penalty for attempted crimes, and emphasize the importance of intent and the action taken in the commission of the crime.