Asas-Asas Hukum Pidana-Animasi Hukum

Summary

This video explores key principles of criminal law, including the legality principle, which ensures no one can be punished without a pre-existing law; the territorial principle, which applies criminal law based on the location of the offense; the protective principle, which safeguards national interests; the personality principle, which holds citizens accountable even outside the country; and the universal principle, which enforces international law for global crimes like piracy. The video concludes with a quote emphasizing living fully while learning continuously.

Takeaways

• 😀 The principle of legality: A person can only be punished for an act if it was defined as a crime in the law before the act was committed. This prevents retroactive punishment.
• 😀 The principle of territoriality: Indonesian criminal law applies to crimes committed within Indonesia's territory, whether by citizens or foreigners.
• 😀 The expansion of territoriality: Indonesian criminal law also applies to Indonesian ships and aircraft, even if they are outside of the country, according to Law No. 4 of 1976.
• 😀 The principle of protection: Indonesian law protects critical national interests, such as state security, the dignity of the president, and the authenticity of the country's currency and certificates.
• 😀 The principle of personality: Indonesian criminal law applies to Indonesian citizens who commit crimes outside of Indonesia, under certain conditions (e.g., crimes against national security or the dignity of the president).
• 😀 The principle of universality: Certain crimes, like piracy, can be prosecuted internationally, regardless of the nationality of the person committing the crime.
• 😀 Immunity of foreign diplomats: Foreign diplomats and heads of state enjoy immunity in Indonesia. If they commit a crime, diplomatic or international legal measures are used to resolve the issue.
• 😀 Extradition principle: A country may not extradite its own citizens to be tried in another country, even if they committed a crime there.
• 😀 The purpose of the principle of legality is to ensure legal certainty and prevent abuse of power by authorities.
• 😀 The video concludes with a quote: 'Live as though you will die tomorrow, and learn as though you will live forever.'

Q & A

What is the principle of legality in criminal law?

The principle of legality means that no one can be punished for an act unless there is a criminal law in place before the act was committed. It prevents laws from being applied retroactively.

Why is the principle of legality important?

It ensures legal certainty and protects individuals from arbitrary actions by authorities, ensuring that punishment is only meted out based on pre-existing laws.

What does the territorial principle of criminal law state?

The territorial principle states that criminal laws apply within a country's territory. It includes both nationals and foreigners, provided the crime occurs within that territory.

How does Indonesia apply the territorial principle in criminal law?

Indonesia applies the territorial principle through provisions in the Criminal Code (KUHP), where Indonesian criminal laws extend to crimes committed on Indonesian ships, aircraft, or in Indonesian jurisdiction.

What does the principle of protection in criminal law focus on?

The principle of protection focuses on safeguarding vital national interests, including national security, the dignity of the president and vice president, and the integrity of national currency, documents, and maritime interests.

Can Indonesian criminal law protect interests outside the country?

Yes, Indonesian criminal law extends to protecting vital national interests, even outside the country's borders, such as safeguarding against piracy on Indonesian vessels.

What is the personal principle in criminal law?

The personal principle applies to Indonesian nationals who commit crimes abroad, but it is limited to specific crimes related to national security and the dignity of the president and vice president.

What are some crimes that are covered under the personal principle in Indonesian law?

Crimes such as acts against national security and offenses related to the dignity of the president and vice president, as well as certain provisions in the Indonesian Criminal Code, are covered under this principle.

What is the universal principle in criminal law?

The universal principle means that certain crimes, such as piracy, are punishable regardless of where they occur, and this principle is recognized internationally, allowing countries to act against such crimes.

What is extradition in international law, and how does it relate to criminal law?

Extradition is the process by which one country surrenders an individual accused of a crime to another country for trial. However, countries are generally unwilling to extradite their own nationals, as per international law.