Hubungan Hukum Pidana dengan Ilmu Lain_Part. 1

Summary

This lecture delves into the field of criminal law and its relationship with other disciplines like criminology, victimology, and psychology. The speaker explores the definition of criminal law, focusing on material criminal law, and its interplay with criminology, which studies the causes and prevention of crime. The discussion also highlights victimology, the study of crime victims, and how legal systems have increasingly shifted to address their needs, such as through restitution and compensation. The lecture emphasizes how the understanding of these fields helps in shaping effective criminal law policies and practices.

Takeaways

• 😀 Criminal law is an area of study that examines the laws related to criminal offenses, including material criminal law, formal criminal law, and the implementation of criminal law.
• 😀 Criminology is a vital sub-discipline of criminal law that studies crime, criminals, and methods to prevent criminal activity. It covers crime causes, control, and the evolution of criminal law.
• 😀 Criminology is divided into three main areas: the causes of crime (etiology), crime control (phenology), and the sociology of law, which focuses on the development of criminal law and procedures.
• 😀 Etiology in criminology investigates the reasons why crimes occur, with various theories explaining the causes, such as the differential association theory and the anomie theory.
• 😀 The sociology of law looks at how criminal law is applied in practice and how legal procedures are carried out within the criminal justice system.
• 😀 Criminology can aid in forming appropriate policies for crime prevention and punishment by understanding crime causes and the characteristics of offenders.
• 😀 Criminology's link to criminal law includes informing policies based on crime causes, such as adjusting penalties to deter specific crimes, like financial penalties for corruption.
• 😀 Victimology, which studies crime victims, plays a critical role in understanding the impact of crimes on victims, including their physical and psychological suffering.
• 😀 Victimology also examines how victims may contribute to the occurrence of crimes, such as a victim provoking an attack, which influences the crime's dynamics.
• 😀 Victimology’s contributions have influenced legal reforms, such as the inclusion of compensation and restitution for crime victims, and the protection of victims' rights within criminal justice systems.

Q & A

What is criminal law and what does it study?

Criminal law is the body of law that deals with crimes and their punishment. It focuses on studying the criminal acts, criminal responsibility, and the penalties imposed for committing crimes. Its scope includes criminal law in a narrow sense, particularly material criminal law.

What is the relationship between criminal law and criminology?

Criminal law and criminology are closely related because criminology studies the causes of crime and the criminal behavior of individuals. Criminology helps inform the development of effective criminal laws by analyzing the causes of crime, which can lead to better criminal justice policies.

How does criminology contribute to criminal law?

Criminology contributes to criminal law by providing insight into the causes of crime, the nature of offenders, and effective measures to control crime. This includes understanding the social, psychological, and environmental factors that lead to criminal behavior and using that knowledge to create more effective criminal laws.

What are the main areas of study within criminology?

Criminology has three main areas of study: (1) Etiology, which analyzes the causes of crime, (2) Phenology, which focuses on controlling crime, and (3) Sociology of law, which looks at the development of criminal law and the administration of criminal justice procedures.

What is the theory of differential association in criminology?

The theory of differential association, developed by Edwin Sutherland, suggests that individuals learn criminal behavior from their environment. People become criminals because they are exposed to criminal values and behaviors in their social surroundings.

What does the term 'victimology' mean?

Victimology is the study of victims of crime. It focuses on understanding the suffering experienced by victims, including physical and psychological harm, and explores the role victims may play in triggering or contributing to the crime.

How does victimology contribute to criminal law?

Victimology contributes to criminal law by ensuring that victims' rights and needs are considered in the criminal justice system. It helps ensure that criminal laws not only focus on punishing offenders but also address the harm and suffering experienced by the victims.

What are the key areas of study in victimology?

Victimology primarily studies (1) the suffering of crime victims, including physical and psychological harm, (2) the role of the victim in contributing to the crime, and (3) strategies to reduce victim suffering, such as restitution or compensation from the offender or the state.

How does criminal law view victims compared to victimology?

In traditional criminal law, the focus has been mainly on the offender and societal interests, with less attention given to the victim. However, victimology shifts this focus by considering the direct suffering of victims and emphasizing the importance of protecting their rights and well-being within the criminal justice process.

What is the role of criminal law in victim compensation?

Criminal law now recognizes the importance of victim compensation, where laws provide for restitution by offenders or, in some cases, compensation from the state. For example, laws exist for compensation in cases of severe human rights violations or when offenders cannot pay restitution.