RUANG LINGKUP BERLAKUNYA HUKUM PIDANA MENURUT WAKTU #IntisariHukumPidana 5

Summary

This video discusses the scope and application of criminal law in Indonesia, focusing on the principles of legality outlined in the new Criminal Code (KUHP) of 2023. Key topics include the temporal and territorial application of criminal law, the significance of the principle 'nullum crimen, nulla poena sine lege', and the evolution of legal concepts from the old KUHP to the new one. The speaker elaborates on important philosophical contributions from Cesare Beccaria and the technicalities of applying criminal law, including changes in legal provisions and their impacts on defendants. The detailed analysis contrasts the old and new codes, providing insights into the broader implications for justice and law enforcement.

Takeaways

• 😀 The discussion focuses on the scope of criminal law in Indonesia, specifically regarding its application in time and place, as outlined in the new KUHP (Criminal Code) 2023.
• 😀 The principle of legality is central to the conversation, with references to legal provisions such as Article 1, Article 2, and Article 3 of the new KUHP.
• 😀 Article 1 of the KUHP emphasizes the principle of legality, meaning no act can be punished unless there is a pre-existing law that criminalizes it.
• 😀 The script highlights the legal Latin phrases associated with the principle of legality, such as 'nullum delictum sine lege' and 'nulla poena sine lege'.
• 😀 Historical philosophers, including Cesare Beccaria, are mentioned for their influence on the development of criminal law, particularly his work on 'On Crimes and Punishments'.
• 😀 The script discusses four key principles in the legal framework: lex scripta (written law), lex certa (clear law), lex previa (non-retroactivity), and lex stricta (no analogical interpretation).
• 😀 A distinction is made between the old and new KUHP regarding the handling of retroactive laws and the use of analogies in determining criminal acts.
• 😀 The principle that criminal laws cannot be applied retroactively is emphasized as essential for protecting human rights and ensuring fairness in the legal process.
• 😀 The new KUHP introduces a 'double track system' that allows for both criminal penalties and other measures, with the possibility of both being applied to offenders.
• 😀 Differences in the application of transitional rules are explored, with new KUHP providing more detailed guidelines compared to the old KUHP, particularly concerning legal changes after a crime has been committed.

Q & A

What is the main topic discussed in the script?

The script discusses the scope of criminal law according to time and place, focusing on the principle of legality in the Indonesian Penal Code (KUHP), particularly in the context of the new KUHP of 2023.

What are the two main categories of criminal law scope mentioned in the script?

The two main categories are the scope of criminal law according to time and the scope of criminal law according to place.

What is the significance of 'asas legalitas' (the principle of legality) in the context of the script?

'Asas legalitas' refers to the principle that no one can be punished except based on laws that were in place before the act was committed, ensuring fairness and predictability in criminal law.

Which articles of the Indonesian Penal Code are related to the scope of criminal law according to time?

The scope of criminal law according to time is addressed in Articles 1, 2, and 3 of the KUHP.

How does the new KUHP of 2023 differ from the old KUHP regarding 'asas legalitas'?

While both the old and new KUHP follow the principle of legality, the new KUHP explicitly prohibits the use of analogies in establishing criminal offenses, as stated in Article 1, paragraph 2.

What are the four important principles of 'nulum delictum nulapuna sine lege' as explained in the script?

The four principles are: 1) Lex scripta (laws must be written), 2) Lex certa (laws must be clear and precise), 3) Lex previa (no retroactive laws), and 4) Lex stricta (laws must be strictly interpreted).

Who were the key philosophers influencing the development of the principle of legality, as mentioned in the script?

Key philosophers influencing the principle of legality include Cesare Beccaria, Montesquieu, Jean-Jacques Rousseau, and John Locke.

What does 'living law' (hukum pidana adat) refer to, as explained in the script?

Living law refers to customary criminal law or adat law that exists in society, which is addressed in Article 2 of the KUHP.

How does the new KUHP address the issue of retroactive laws?

The new KUHP explicitly prohibits retroactive application of criminal laws, ensuring that laws cannot be applied to acts committed before their enactment.

What is the significance of 'tempus delicti' (time of the crime) in the new KUHP?

In the new KUHP, 'tempus delicti' is explicitly defined in Article 10, which specifies that the time of the crime is determined by when the act was committed, using various legal theories like the physical act theory or the result theory.