Hukum Pidana | Asas Legalitas | Berlakunya ketentuan pidana menurut waktu

Summary

In this video, the lecturer delves into the principles of criminal law in Indonesia, specifically focusing on the concept of 'legal applicability' under the Indonesian Penal Code (KUHP). The discussion centers on the principle of legality, which ensures that no act can be punished unless it is defined as a crime by law before it is committed. The video explores the historical evolution of criminal law, the abuses of arbitrary royal justice, and the contributions of legal theorists. It also highlights challenges to the principle, especially in keeping pace with evolving criminal behaviors.

Takeaways

• 😀 The video discusses the application of criminal law, specifically focusing on the Criminal Code (KUHP) and its two main principles: application according to time and place.
• 😀 The first concept, ‘berlakunya hukum pidana menurut waktu’ (the application of criminal law according to time), refers to the principle of legality as stated in Article 1, Paragraph 1 of KUHP.
• 😀 The principle of legality states that no action can be punished unless a law was in place before the act was committed.
• 😀 ‘Asas legalitas’ or the principle of legality is based on the Latin maxim ‘nullum delictum nulla poena sine praevia lege poenali,’ meaning no crime, no punishment without a prior law.
• 😀 This principle ensures that a person can only be punished for acts that were explicitly criminalized in the law before the act took place.
• 😀 The concept of legality in criminal law prevents arbitrary punishment and protects individuals from being judged for actions that were not defined as crimes at the time they were committed.
• 😀 The notion of criminal punishment must be based on written law, making it clear that punishment can only be imposed for actions that are specifically prohibited by law.
• 😀 The script explains how historical systems of law were often arbitrary, with rulers having unchecked power, which led to inconsistency and injustice in legal punishments.
• 😀 In the past, laws were not written down, and punishments were at the discretion of rulers, which created confusion and lack of legal certainty for the people.
• 😀 The establishment of written laws and the principle of legality were significant steps in protecting citizens' rights and ensuring fair treatment under the law.

Q & A

What is the principle of legality in criminal law?

The principle of legality, as outlined in Article 1, Paragraph 1 of the Indonesian Criminal Code (KUHP), states that no act can be punished unless it is based on a law that was already in effect before the act was committed.

What does the phrase 'nullum delictum nulla poena sine praevia lege poenali' mean?

This Latin phrase means 'no crime, no punishment without prior legal provisions.' It underlines the essence of the principle of legality, emphasizing that acts can only be punishable if there is a law in place beforehand.

How does the principle of legality affect the enforcement of criminal law?

The principle of legality ensures that laws are clear and predictable, so that individuals can understand what acts are punishable. It prevents arbitrary punishment and safeguards against abuse of power by authorities.

What is the importance of having a written criminal law in place before punishing someone?

A written criminal law provides certainty, ensuring that actions are only punishable if explicitly stated in law. It prevents rulers or authorities from arbitrarily deciding punishments based on personal discretion or subjective judgment.

What historical context led to the establishment of the principle of legality?

The principle of legality was developed in response to the arbitrary exercise of power during the era of absolute monarchies, where laws were often subjective and could be applied inconsistently, leading to legal uncertainty and injustices.

How does the concept of 'locus delicti' relate to the enforcement of criminal law?

The term 'locus delicti' refers to the principle that criminal law applies to the place where the crime occurred. This is important in determining jurisdiction and where the law is applicable geographically.

What is the role of the criminal code (KUHP) in modern legal systems?

The criminal code (KUHP) serves as the foundational legal framework for criminal law, establishing which actions are deemed criminal and what penalties apply, ensuring uniformity in the application of justice.

What is the historical impact of King’s absolute power on the legal system?

During monarchies, the law was often dictated by the ruler's personal whims, leading to an unpredictable and unjust legal system. This led to calls for laws to be codified and applied consistently, resulting in the eventual adoption of the principle of legality.

Why is it essential for criminal law to evolve with society and human behavior?

Criminal law must adapt to societal changes and new types of crime. Without such evolution, laws become outdated, failing to address new challenges or emerging forms of criminal behavior, potentially leaving gaps in the legal system.

How does the principle of legality protect individuals from abuse of power?

By ensuring that laws are clearly written and applied consistently, the principle of legality protects individuals from arbitrary punishment, ensuring that they can only be punished for acts that were explicitly criminalized in law prior to their actions.