#PodcastHukum - Eps. 26 APA ITU DELIK ADUAN DAN DELIK BIASA?

Summary

In this video, the differences between *delik aduan* (complaint-based crimes) and *delik biasa* (ordinary crimes) in Indonesian criminal law are explained. The script delves into expert opinions from legal scholars like Dr. Lamintang PAF, Dr. Misa Woozi, and Amputra, discussing how certain crimes require a victim's complaint to initiate prosecution, while others can be pursued without one. Real-life examples such as sexual harassment, defamation, and theft illustrate the implications of these legal concepts. The video emphasizes the importance of understanding these distinctions to protect one's rights and foster legal awareness within the community.

Takeaways

• 😀 Delik aduan (complaint crimes) can only be prosecuted if the victim files a report, unlike delik biasa (ordinary crimes) which can proceed without a report.
• 😀 In Indonesia, delik aduan involves crimes where the harmed individual must be the one to initiate the legal process.
• 😀 Delik biasa includes crimes like murder and theft, which can be pursued by authorities without the need for a victim's complaint.
• 😀 The victim of a delik aduan has the right to file a complaint, either personally or through a designated representative, such as a family member or legal proxy.
• 😀 For delik biasa, authorities such as the police and prosecutor can act on their own without waiting for a report from the victim.
• 😀 Sexual assault, defamation, and similar crimes often fall under delik aduan, as the victim must feel harmed and decide to take action.
• 😀 A case of defamation, where a person feels their reputation has been harmed, can only be reported by the victim, not by someone else on their behalf.
• 😀 In contrast, delik biasa allows a third party, such as a witness, to report crimes like theft or murder, even if they are not directly affected.
• 😀 Delik aduan crimes require careful consideration since the extent of the victim’s harm determines whether a report should be made.
• 😀 Public awareness about the differences between delik aduan and delik biasa is essential for individuals to understand their legal rights and responsibilities.

Q & A

What is the difference between 'delik aduan' and 'delik biasa' in Indonesian criminal law?

'Delik aduan' (complaint-based criminal offenses) are crimes that can only be prosecuted if the victim or someone on their behalf files a complaint. On the other hand, 'delik biasa' (ordinary criminal offenses) can be prosecuted without the need for a victim’s complaint.

Why is a complaint necessary for 'delik aduan'?

A complaint is necessary for 'delik aduan' because these crimes are typically those in which the victim is directly affected and must be the one to report the crime in order for legal action to be initiated.

Can anyone file a complaint for 'delik aduan' crimes, or is it only the victim?

Typically, only the victim or someone authorized by them can file a complaint for 'delik aduan' crimes. In certain cases, family members or legal representatives can act on behalf of the victim.

What are some examples of 'delik aduan' crimes?

Examples of 'delik aduan' crimes include defamation, sexual harassment, or cases where the victim's direct complaint is necessary for legal action to take place.

What happens if no complaint is filed in a 'delik aduan' case?

If no complaint is filed by the victim or an authorized representative, the case cannot proceed to prosecution, and the authorities cannot take action against the alleged offender.

What is the role of the victim in a 'delik aduan' case?

In a 'delik aduan' case, the victim plays a crucial role by filing a complaint, which is required for the prosecution to proceed. The victim's report is necessary for authorities to take legal action.

What are 'delik biasa' crimes and how do they differ from 'delik aduan'?

'Delik biasa' are ordinary crimes, such as theft or murder, which can be prosecuted without the victim's complaint. These crimes are investigated and prosecuted by authorities without needing the victim's permission to proceed.

Why does the law allow 'delik biasa' to be prosecuted without a victim's complaint?

'Delik biasa' crimes are considered serious offenses that threaten public order and safety. The law allows prosecution without a complaint to ensure that justice is served and that harmful actions, like murder or theft, are addressed, even if the victim does not report the crime.

Can third parties file complaints for 'delik aduan' crimes on behalf of the victim?

Generally, only the victim or their authorized representatives can file complaints for 'delik aduan' crimes. Third parties cannot typically file complaints unless they have special authorization from the victim or are acting as their legal representative.

How does understanding 'delik aduan' and 'delik biasa' help the public?

Understanding the differences between 'delik aduan' and 'delik biasa' helps individuals understand when they can take legal action or when the authorities can act on their behalf. It also ensures that people are aware of their legal rights and how they can protect themselves and others in various situations.