Sumber Hukum Pidana

Summary

This transcript explores the sources of criminal law in Indonesia, outlining key legal frameworks like the Criminal Code (KUHP), specific criminal laws outside the KUHP, and regional regulations. It also discusses the importance of jurisprudence (past judicial decisions), international criminal law (such as UN conventions), and customary law, which remain influential in local communities. The role of legal doctrines, or expert opinions, is emphasized as a vital tool for interpreting ambiguous legal texts. Overall, the video highlights the complexity and interconnectedness of legal sources in the Indonesian criminal justice system.

Takeaways

• 😀 The concept of 'sources of law' (sumber hukum) refers to the places where laws are discovered or derived from.
• 😀 Sources of law can be understood as places where legal answers to problems can be found, such as statutes, judicial decisions, or customary law.
• 😀 A source of law must create binding rules that impose sanctions when violated, such as laws that establish penalties for illegal acts.
• 😀 The **KUHP (Criminal Code)** is a primary source of criminal law in Indonesia, representing the codification of criminal laws.
• 😀 Special criminal laws outside the KUHP, such as anti-corruption, terrorism, and narcotics laws, are also key sources of criminal law.
• 😀 **Local regulations (Perda)**, including specific laws like **Aceh's Sharia regulations**, are sources of criminal law as long as they involve criminal sanctions.
• 😀 The **hierarchy of regulations** determines that only laws (Undang-Undang) and local regulations (Perda) can impose criminal sanctions.
• 😀 **Jurisprudence** (court decisions) serves as a source of law by guiding future legal decisions, especially when statutes are unclear. However, in Indonesia, it is persuasive, not binding, unlike in common law countries like the U.S.
• 😀 **International criminal law** plays a significant role, particularly conventions like the **UN Convention Against Corruption**, which are adopted by Indonesia as sources of law.
• 😀 **Customary law** (hukum adat) continues to be recognized in certain regions and can be used in resolving disputes or guiding behavior, even though it is not written down in legal texts.
• 😀 **Doctrine** (legal opinions by experts) helps clarify and interpret legal texts, particularly when there are ambiguities, as seen in criminal cases like **Jessica Kumala Wongso's trial**.

Q & A

What is the definition of 'sources of law' as explained in the script?

Sources of law are places where laws are found or discovered. They are the references or sources from which legal answers can be derived, such as statutes, judicial decisions, international conventions, and customary law.

What are the three main definitions of 'sources of law' presented in the script?

1. Sources of law are places where law is found or discovered. 2. They are references to find answers to legal problems. 3. They are mechanisms that create binding and enforceable rules, with violations leading to sanctions.

What is the primary source of criminal law in Indonesia?

The primary source of criminal law in Indonesia is the Criminal Code (KUHP), which is the codified law. In addition, special criminal laws like the Anti-Corruption Law, the Terrorism Law, and the Narcotics Law also serve as sources of criminal law.

Why are only laws and regional regulations allowed to impose criminal sanctions according to the Indonesian legal hierarchy?

According to Law No. 12 of 2011, only laws and regional regulations can impose criminal sanctions because these are created in collaboration with the parliament. This ensures that criminal penalties, which affect human rights, are established through democratic processes.

What is the difference between general laws and specific laws in criminal law?

General laws, like the KUHP, apply broadly and provide a framework for criminal law. Specific laws, such as the Anti-Corruption Law, override general laws in cases they cover, based on the principle of 'lex specialis derogat legi generali,' meaning specific laws take precedence over general laws.

How does jurisprudence function as a source of criminal law in Indonesia?

Jurisprudence in Indonesia is the legal precedent set by previous court decisions, especially those that deal with similar cases. While it is not binding for judges, it serves as persuasive authority and can be used as a reference for future decisions.

What is the role of international criminal law in Indonesian criminal law?

International criminal law, which includes principles and treaties like the United Nations Convention Against Corruption (UNCAC), is an important source of law for Indonesia. It helps in the development of domestic law and serves as a reference for legal actions, particularly in areas like corruption.

What is the role of customary law in the criminal law system in Indonesia?

Customary law, though not codified, still plays an important role in certain regions of Indonesia, especially in resolving conflicts within communities. It serves as a guide for behavior and legal resolution in local contexts and can be a source of criminal law in those areas.

What is 'doctrine' in the context of criminal law, and how is it used?

Doctrine refers to the opinions and interpretations of legal scholars, which are often used to clarify ambiguous or unclear provisions in the law. These opinions can be used by judges to aid in decision-making, especially when legal provisions are not sufficiently detailed.

Can a previous court ruling always be used as a source of law in Indonesia?

No, previous court rulings can only be used as a source of law if they are based on logical, rational, and deep legal arguments, often linked to criminal law philosophy. Not all rulings qualify as jurisprudence or as a binding source of law.