SCOPE OF APPLICATION OF CRIMINAL LAW ACCORDING TO PLACE #CriminalLawDigest 6

Summary

In this video, the speaker discusses the scope of criminal law based on geographical location under Indonesia's new Criminal Code (KUHP). Key principles covered include territorial jurisdiction, active and passive nationality, and universal jurisdiction. The speaker explores how various legal concepts like ‘tempus delicti’ (time of offense) and ‘locus delicti’ (place of offense) are addressed in the new KUHP, expanding on territorial, passive national, active national, and universal jurisdiction. The video offers insights into the legal application of these principles, particularly in cross-border legal matters and international agreements.

Takeaways

• 😀 The new Indonesian criminal code (KUHP) introduces clear guidelines on the application of criminal law based on location, including the territorial, national active, national passive, and universal principles.
• 😀 The territorial principle (Article 4) extends Indonesian criminal law to crimes committed within the country, on Indonesian ships, aircraft, or in cases involving technology impacting Indonesia.
• 😀 The new code clarifies the concepts of 'tempus delicti' (when a crime is committed) and 'locus delicti' (where a crime is committed), which were not explicitly addressed in the old KUHP.
• 😀 The national passive principle (Article 5) applies Indonesian criminal law to crimes committed abroad that affect Indonesia's interests, such as national security or economic stability.
• 😀 The universal principle (Articles 6 and 7) applies to crimes committed outside of Indonesia, where the act is recognized as a crime under international law and incorporated into Indonesian law.
• 😀 The national active principle (Article 8) allows Indonesian law to apply to crimes committed by Indonesian citizens abroad, provided the act is also considered a crime in the country where it occurred.
• 😀 The new code introduces more comprehensive coverage of international crimes, including piracy, terrorism, and drug trafficking, through the universal principle.
• 😀 The legal framework now includes specific cases where Indonesian criminal law can be enforced based on agreements with other countries, as detailed in Article 7.
• 😀 The determination of 'locus delicti' can depend on various theories: the physical act, the use of tools, the result of the crime, or multiple locations, as illustrated in a case example involving a poisoning incident across different cities.
• 😀 The new KUHP provides clearer distinctions between 'crimes' and 'violations,' with the law now applying more broadly to a wider range of offenses, not just felonies.

Q & A

What is the main focus of the episode discussed in the script?

The main focus of the episode is the application of criminal law based on location, specifically the legal principles governing the territorial scope of criminal law in Indonesia, as outlined in the new Criminal Code (KUHP).

What are the four key principles related to the territorial scope of criminal law in Indonesia?

The four key principles are: 1) Territorial Principle, 2) Active National Principle, 3) Passive National Principle, and 4) Universal Principle.

What is the significance of Article 4 in the new KUHP?

Article 4 in the new KUHP defines the territorial scope of criminal law, stating that Indonesian criminal law applies to offenses committed within the territory of Indonesia, on Indonesian ships and aircraft, or involving offenses that have consequences within Indonesia.

How does the new KUHP expand on the concept of 'territory' compared to the old KUHP?

The new KUHP expands on the concept of 'territory' by including offenses in the field of information technology and those whose consequences occur in Indonesia or aboard Indonesian ships or aircraft, which were not explicitly covered in the old KUHP.

What is the difference between 'tempus delicti' and 'locus delicti'?

'Tempus delicti' refers to the time of the crime, while 'locus delicti' refers to the location where the crime was committed. These are important for determining the jurisdiction and applicable criminal laws.

How does the KUHP address cases involving multiple locations for a crime?

In cases where a crime involves multiple locations, the court is given discretion to choose among different locations (locus delicti) where the crime could be considered to have occurred, depending on the theory used (e.g., physical act, instrument, or consequence).

What is the Passive National Principle (as 'asas pelindungan') in the new KUHP?

The Passive National Principle, now referred to as 'asas pelindungan' (protection principle), applies to crimes committed outside Indonesia that harm Indonesia's interests, such as national security, the safety of Indonesian citizens abroad, and economic interests.

What is the role of the Universal Principle in the new KUHP?

The Universal Principle allows Indonesia to prosecute certain international crimes, regardless of where they occur, if they are recognized as crimes under international law and have been incorporated into Indonesian law.

What does the Active National Principle (Asas Nasional Aktif) entail?

The Active National Principle applies to Indonesian citizens who commit crimes outside of Indonesia. The principle allows Indonesian criminal law to apply if the act is also a crime under the law of the country where it was committed, and it must meet specific criteria outlined in the new KUHP.

How does the new KUHP handle crimes that involve Indonesian citizens but are committed in other countries?

The new KUHP allows for the prosecution of Indonesian citizens who commit crimes abroad, as long as the act is a crime in both the foreign country and Indonesia, with certain limitations depending on the severity of the offense (e.g., crimes punishable by a fine or death penalty).