Hukum Pidana 26 | Alasan Penghapus Penuntutan Pidana #kuliah #belajar #universitasterbuka #hukum

Summary

This video covers key aspects of Indonesian criminal law, focusing on procedures related to the death of a defendant during trial, particularly in corruption cases. It highlights how the state can pursue restitution from the deceased's heirs, discusses the statute of limitations for various crimes, and explains how prosecution may be suspended in certain circumstances. Additionally, it explores the concept of restorative justice, emphasizing the possibility of resolving minor offenses outside the court system. The video provides an insightful overview of the legal mechanisms in place to ensure justice is served even in complex situations.

Takeaways

• 😀 When a defendant dies during an ongoing trial, the prosecutor must submit the case file to the state attorney or relevant institution for civil action against the defendant's heirs.
• 😀 In corruption cases, if the defendant dies after the indictment but before a verdict is issued, the trial continues, but a ruling on property confiscation can still be made.
• 😀 The statute of limitations for criminal prosecution (kedaluwarsa) is established based on the type of crime and its severity, with time limits ranging from 1 to 18 years.
• 😀 The expiration of prosecution does not apply in cases where legal action is temporarily suspended, such as when a civil dispute must first be resolved.
• 😀 In cases of criminal prosecution, the statute of limitations is suspended if there is a delay in proceedings due to civil litigation.
• 😀 Plea bargaining or out-of-court settlements can be used to resolve certain crimes, especially minor offenses, by paying fines or compensating victims, thus preventing further prosecution.
• 😀 The process of plea bargaining can end the state's ability to prosecute if the defendant fulfills the financial obligations, including paying fines and costs.
• 😀 A juvenile aged 8 or older but under 18 years of age and not married can be prosecuted in a juvenile court under Indonesian law.
• 😀 Article 34 of Law No. 31/1999 mandates that if financial loss to the state occurs during the investigation of a corruption case and the defendant dies, the case must be handed over for civil action against the defendant’s heirs.
• 😀 Article 38(5) of Law No. 31/1999 specifies that in corruption cases, if the defendant dies after the indictment, the trial will continue and a sentence regarding property confiscation will be issued, even if the defendant is deceased.

Q & A

What happens if a defendant dies during a criminal trial in Indonesia?

If a defendant dies during a trial and there is financial damage to the country, the prosecutor must hand over the case to a state lawyer or the affected institution for civil action against the defendant's heirs.

What does Indonesian law say about continuing a criminal trial after the death of the defendant in a corruption case?

Even if the defendant dies, the criminal trial in corruption cases continues. However, the court cannot impose criminal penalties on confiscated property unless it's specifically related to certain offenses.

How does the statute of limitations apply in criminal cases in Indonesia?

The statute of limitations in Indonesia sets time limits for prosecuting various crimes. For instance, minor offenses have a 1-year limit, while serious crimes can have up to 18 years, especially if they involve life imprisonment or death penalties.

What happens to the statute of limitations if legal proceedings are suspended?

If legal proceedings are suspended due to issues like unresolved civil disputes, the statute of limitations is paused and will resume once the matter is settled.

Can minor criminal offenses be resolved outside of court in Indonesia?

Yes, some minor offenses can be resolved outside the court through a settlement, where the defendant pays the maximum fine and any related costs, thus terminating criminal prosecution.

What are the key reasons for having a statute of limitations in criminal law?

The statute of limitations ensures fairness by preventing indefinite legal proceedings. It also acknowledges the challenges in gathering evidence over time and addresses the reduced desire for revenge as time passes.

What is the effect of the death of a defendant on the continuation of a corruption trial in Indonesia?

In corruption trials, if the defendant dies before the verdict is issued, the case can still proceed, but only the judgment related to the confiscation of property will be rendered. Other criminal penalties cannot be imposed posthumously.

What is the concept of 'penebusan tuntutan pidana' in Indonesian law?

Penebusan tuntutan pidana refers to the possibility of resolving certain criminal cases without going to trial by paying a fine, particularly in cases where the crime is only punishable by a fine.

How does Indonesian law treat juvenile offenders?

In Indonesia, children under the age of 8 cannot be prosecuted for criminal offenses. However, children aged between 8 and 18 years old can be tried in juvenile court for criminal actions.

What is the significance of Articles 33 and 34 in the 1999 Law on Corruption in Indonesia?

Articles 33 and 34 of the 1999 Law on Corruption require that if a defendant dies during a trial, and there are financial losses to the state, the case should be continued with civil action against the defendant’s heirs, ensuring the state recovers the losses.