PERTANGGUNGJAWABAN PIDANA | Pasal 36 - 39 UU NO 1 TAHUN 2023 TENTANG KUHP

Summary

This video explains the concept of criminal liability under Indonesian law, specifically focusing on the conditions under which someone can be held responsible for a crime. Key points include the distinction between intentional and negligent acts, the principle that no crime exists without fault, and exceptions where individuals may be exempt from liability, such as those with mental or intellectual disabilities. The video also covers legal provisions for vicarious liability, where individuals in authority can be held accountable for actions committed by others under their command.

Takeaways

• 😀 Criminal liability refers to the condition where someone is held responsible for a crime or is released from that responsibility under certain conditions.
• 😀 According to Article 36 of the Penal Code, a person can only be held criminally responsible if they commit a crime intentionally or due to negligence, as specified by law.
• 😀 Intentional crimes require proof of intention, which is crucial in determining criminal liability.
• 😀 Not all acts of negligence can lead to criminal liability—only those explicitly defined in the law.
• 😀 An example of non-criminal negligence would be accidentally placing a nail in a fence that leads to injury, but if the injury is caused by gross negligence, liability could apply.
• 😀 Article 37 introduces a situation where a person can be held criminally responsible based on the fulfillment of criminal act elements, even if no evidence of fault or intent is found.
• 😀 Victorious liability (Article 37, Part B) addresses cases where a person is criminally responsible for actions they ordered another person to perform, even if they did not commit the crime directly.
• 😀 Article 38 discusses reducing criminal liability or offering other actions (such as rehabilitation) for individuals with mental or intellectual disabilities, recognizing their reduced awareness of consequences.
• 😀 The law outlines mental disabilities like schizophrenia, bipolar disorder, and autism as conditions that could reduce criminal responsibility.
• 😀 Article 39 specifies that individuals with severe mental or intellectual disabilities, or those in a psychotic episode, cannot be criminally punished but may undergo rehabilitation instead.
• 😀 Legal responsibility for crimes committed by individuals with mental disabilities requires medical expert testimony to assess whether the individual is fit to be held criminally responsible.

Q & A

What is criminal liability or 'pertanggungjawaban pidana'?

Criminal liability refers to the condition that determines whether a person should be held responsible for committing a criminal act or can be released from responsibility based on specific conditions outlined in the law.

What are the two main conditions that affect criminal liability?

The two main conditions are: (1) A person may be held criminally responsible if the crime was committed intentionally, and (2) A person may still be held responsible even if the crime was committed unintentionally, as long as the law explicitly states so.

How does Article 36 of the Criminal Code define criminal responsibility?

Article 36 of the Criminal Code states that a person can only be held criminally responsible for actions committed intentionally or due to negligence, and such negligence must be explicitly outlined in the law to be punishable.

What is the significance of 'intentionality' in proving criminal liability?

In criminal law, proving that a crime was committed with intent is crucial. The prosecution must demonstrate that the individual knowingly and willingly engaged in unlawful conduct.

What does Article 37 of the Criminal Code state about liability without fault?

Article 37 explains that there are situations where a person may be criminally liable simply because they fulfilled the elements of a criminal act, even if fault or intent cannot be proven. These situations must be specifically defined in the law.

What is the difference between criminal responsibility based on direct actions (trick reability) and responsibility based on representation (victorious liability)?

Direct responsibility (trick reability) holds someone accountable for their own actions, while representation (victorious liability) assigns responsibility to someone who commanded or instructed another person to commit a crime, such as a company leader being held accountable for actions taken by subordinates under their command.

How does the law address individuals with mental or intellectual disabilities in relation to criminal responsibility?

Individuals with mental or intellectual disabilities may have their criminal liability reduced or completely eliminated if it is proven that they lacked awareness of the consequences of their actions. This is outlined in Articles 38 and 39.

What does Article 38 state regarding criminal liability for individuals with mental or intellectual disabilities?

Article 38 explains that if a person commits a crime while having a mental or intellectual disability, their criminal liability may be reduced or they may undergo rehabilitation instead of being subjected to traditional punishment.

What is the criteria for reducing or eliminating criminal liability under Article 39?

Article 39 specifies that if an individual commits a crime while experiencing a mental or intellectual disability episode (e.g., psychosis or a severe intellectual condition), they cannot be held criminally responsible but may be subject to medical treatment or rehabilitation.

Why is medical evidence important in determining criminal liability for those with mental or intellectual disabilities?

Medical evidence is crucial because it provides expert testimony regarding an individual's ability to understand the consequences of their actions. This helps determine whether they can be held criminally liable or need to undergo rehabilitation instead.