JENIS-JENIS DELIK ATAU TINDAK PIDANA

Summary

This video delves into Indonesian criminal law, explaining various types of crimes (delik) and their classifications. It specifically focuses on continuing crimes (delik berlanjut), such as unlawful deprivation of liberty as defined in Article 333 of the Indonesian Criminal Code (KUHP). The speaker explains the conditions and penalties related to this crime, including increased sentences for serious injuries or the involvement of minors. Viewers are encouraged to understand these legal principles and share the knowledge with others, highlighting the importance of being informed about criminal law.

Takeaways

• 😀 Understanding *delik berlanjut* (continuous crime) is key in Indonesian criminal law, as it involves crimes that continue over time, such as unlawful detention.
• 😀 Article 333 of the Indonesian Criminal Code deals with *perampasan kemerdekaan* (deprivation of liberty) and outlines penalties for those who unlawfully detain others.
• 😀 The crime of unlawful detention, if continued over time, is classified as *delik berlanjut*, and can lead to severe penalties, including prison sentences of up to 12 years.
• 😀 The crime of unlawful detention is aggravated if it results in serious bodily harm or even death, leading to harsher sentences.
• 😀 A real-life example of *delik berlanjut* is when a person kidnaps another and holds them captive for days, which involves repeated and ongoing acts of deprivation of liberty.
• 😀 The speaker stresses the importance of understanding different types of crimes, such as *delik formil* (formal crimes) and *delik materiil* (material crimes), for applying the law correctly.
• 😀 The term 'with intent' (*dengan sengaja*) is crucial in legal cases involving unlawful detention, as it indicates the deliberate nature of the crime.
• 😀 Understanding crime classifications in the Indonesian Criminal Code helps in determining legal consequences based on the nature and severity of the crime.
• 😀 The video encourages viewers to actively engage by asking questions and providing feedback to improve future content.
• 😀 The speaker urges viewers to share the video with others, as the knowledge shared is important and beneficial to everyone, particularly those studying law.

Q & A

What is the meaning of 'delik' as discussed in the script?

In the script, 'delik' refers to a criminal offense, specifically a prohibited act that violates the law. It is used to categorize actions that lead to legal consequences under Indonesian law.

What is the significance of Article 333 of the Indonesian Penal Code?

Article 333 of the Indonesian Penal Code deals with crimes related to the unlawful deprivation of a person's freedom, such as kidnapping or unlawful detention. The article specifies penalties for those who engage in these actions, including imprisonment up to eight years or more depending on the severity of the crime.

How is the concept of 'delik berlanjut' (ongoing offense) explained?

The term 'delik berlanjut' refers to an ongoing offense, where a crime is committed repeatedly or continuously. For example, in cases of unlawful detention or kidnapping, the offense can span several days or involve continuous actions, which are considered as part of a prolonged criminal act.

What are the penalties for an ongoing offense under Article 333?

Under Article 333, if the unlawful deprivation of freedom results in injury, the perpetrator can face up to nine years of imprisonment. If the victim dies, the sentence can be up to twelve years, reflecting the seriousness of the crime and its consequences.

Can you give an example of a continuous offense as mentioned in the script?

An example of a continuous offense is when someone unlawfully detains a child or an adult in a room for several days, continuously restricting their freedom. This would be categorized as an ongoing offense, as the action is repeated or extended over a period of time.

What is the difference between formal and material offenses as mentioned in the script?

Formal offenses are crimes defined by the mere act itself, regardless of the outcome, while material offenses involve actions that lead to a specific result, such as harm or damage. The script highlights the need to understand these categories in order to classify criminal actions correctly.

How are the offenses classified in the Indonesian Penal Code?

Offenses in the Indonesian Penal Code are classified into various types based on the nature of the crime, such as formal offenses, material offenses, and those that involve continuous actions. Each type of offense has different legal consequences and penalties.

What is the importance of understanding the elements of a crime in the Indonesian Penal Code?

Understanding the elements of a crime is crucial for accurately identifying offenses and applying the law correctly. The script emphasizes how crucial it is to know the specific actions, intent, and consequences that define a particular crime in order to ensure proper legal action.

What role do 'intent' and 'illegality' play in defining a crime under Indonesian law?

The script stresses that the intent ('sengaja') and illegality ('melawan hukum') are essential factors in defining a crime. A person must intentionally commit an illegal act for it to be considered a criminal offense under the law.

What is the overall message of the script regarding criminal law in Indonesia?

The script aims to provide an understanding of how crimes are classified and prosecuted under Indonesian law, particularly the significance of identifying continuous offenses and the penalties associated with them. It encourages further discussion and learning to improve legal knowledge and awareness.