Hukum Pidana | Asas asas dalam KUHP | Berlakunya ketentuan pidana menurut tempat

Summary

In this video, Yulia discusses key principles of criminal law concerning the jurisdiction of laws based on location. She explains the territoriality principle (as found in Articles 2 and 3 of Indonesia's Penal Code), which covers crimes committed within a country's borders, even if the perpetrator is outside. Additionally, she explores the nationality-based principles (active and passive) and the protection principle, which allow for prosecution of Indonesian citizens abroad. She also highlights the universal jurisdiction principle, where crimes under international law are prosecuted globally. The video provides a thorough understanding of the complexities in applying criminal law across different jurisdictions.

Takeaways

• 😀 The video discusses criminal law concepts, specifically focusing on territorial applicability, personal jurisdiction, and other principles related to the Indonesian criminal code (KUHP).
• 😀 The territorial principle (territoriality) means Indonesian criminal laws apply to crimes committed within the country's borders, regardless of the nationality of the perpetrator.
• 😀 The principle of nationality (active nationality) states that Indonesian criminal laws apply to Indonesian citizens who commit certain crimes abroad.
• 😀 The protection principle (passive nationality) allows Indonesia to apply its criminal laws to foreigners who violate Indonesia's national interests, even if the crime occurs outside Indonesia.
• 😀 The video elaborates on several specific areas where Indonesian criminal laws apply under the protection principle, including national security, currency, and Indonesian diplomatic matters.
• 😀 The universal principle of criminal law suggests that crimes violating international laws can be prosecuted globally, regardless of the perpetrator’s nationality.
• 😀 Under the universal principle, crimes that have global significance are subject to prosecution by any country, as illustrated by the example of international criminal law violations.
• 😀 The principle of territoriality has evolved, with modern interpretations expanding to include Indonesian ships, aircraft, and even crimes related to technology impacting the country.
• 😀 The video explains that Indonesia's criminal law also applies to crimes that occur on Indonesian ships and aircraft, both on land and in international airspace or waters.
• 😀 Exceptions to these legal principles exist under international law, meaning that certain cases may be excluded or adjusted based on international agreements or treaties.

Q & A

What is the territorial principle (Asas Teritorial) in Indonesian criminal law?

The territorial principle states that Indonesian criminal law applies to crimes committed within the country's territory, regardless of the offender's nationality. It is defined in Articles 2 and 3 of the KUHP, and the key criterion is that the crime occurred within Indonesia, not the nationality of the perpetrator.

Can Indonesian criminal law be applied to foreign nationals who commit crimes in Indonesia?

Yes, Indonesian criminal law applies to all individuals who commit crimes within Indonesia's territory, regardless of whether they are Indonesian citizens or foreigners. This is in line with the territorial principle of criminal law.

How does the active nationality principle (Asas Nasionalitas Aktif) apply in Indonesian law?

The active nationality principle applies to Indonesian citizens who commit certain crimes outside Indonesia. The crime must be punishable under both Indonesian law and the law of the country where the crime was committed. This principle is outlined in Articles 5 and 6 of the KUHP.

What is the difference between the active and passive nationality principles?

The active nationality principle applies to Indonesian citizens who commit crimes outside Indonesia, while the passive nationality principle applies to crimes committed by foreigners outside Indonesia that harm Indonesia's national interests. The passive principle focuses on protecting Indonesia's interests, regardless of the offender's nationality.

What types of crimes are covered under the passive nationality principle (Asas Nasionalitas Pasif)?

The passive nationality principle covers crimes that harm Indonesia’s national interests, such as threats to national security, the dignity of the president or other officials, economic crimes, or crimes affecting Indonesian assets or infrastructure, even if committed by foreign nationals outside Indonesia.

What does the universal principle (Asas Universalitas) in Indonesian criminal law entail?

The universal principle allows Indonesian criminal law to apply to crimes that are internationally recognized as crimes under international law, such as terrorism or human trafficking. This principle is applicable regardless of where the crime was committed or the nationality of the perpetrator.

Can Indonesian law prosecute a foreigner for committing a universally recognized crime outside Indonesia?

Yes, Indonesian law can prosecute a foreigner who commits a universally recognized crime outside Indonesia, such as terrorism, under the universal principle. This is because such crimes are considered offenses against global human rights and international peace.

What is the significance of the 2019 KUHP draft in relation to the universal principle?

The 2019 KUHP draft expands the universal principle by providing specific provisions for prosecuting crimes that violate international law, including those committed outside Indonesia. It emphasizes Indonesia’s role in upholding global legal standards.

Are there any exceptions to the application of these legal principles in Indonesia?

Yes, there are exceptions as outlined in Article 9 of the KUHP. These exceptions are based on international agreements or conventions that may limit the applicability of Indonesian criminal law in certain cases.

How does Indonesian criminal law treat crimes committed on Indonesian ships or aircraft?

Indonesian criminal law applies to crimes committed on Indonesian ships or aircraft, even if they are outside Indonesia's territorial boundaries. This is due to the territorial principle, which extends Indonesian jurisdiction to its vessels and aircraft.