Sanksi Pidana & Perbuatan Pidana

Summary

In this episode, Dr. Marsekal Muda TNI Purn. Dr. Sujon, Dean of the Faculty of Law at Universitas Nirgantara Masekal, discusses the latest amendments to Indonesia's Penal Code (KUHP) under Law No. 1 of 2023. Key changes include the introduction of new criminal offenses, revised penalties such as the inclusion of social work sentences, and a special category for certain crimes like terrorism and narcotics. The discussion highlights new penalties, including probation for death sentences, and the regulation of offenses like adultery and unregistered cohabitation. This informative episode sheds light on the evolving legal framework.

Takeaways

• 😀 The episode discusses the socialization of the new Indonesian Criminal Code (KUHP) Law No. 1 of 2023, focusing on changes in penalties and criminal offenses.
• 😀 The new KUHP introduces several new criminal offenses, including acts that were previously not considered crimes but are now criminalized.
• 😀 The new law distinguishes between main and additional penalties, with main penalties including death, imprisonment, fines, and criminal work, and additional penalties such as the loss of certain rights, confiscation of property, and public announcement of court rulings.
• 😀 There is a shift in how the death penalty is applied in the new KUHP, being used in an alternative form with a 10-year probation period based on the offender's remorse and willingness to improve.
• 😀 The new law also introduces additional penalties related to specific crimes, such as loss of military rights or confiscation of property.
• 😀 New types of punishments include social work sentences and surveillance sentences, which were not present in the previous criminal code.
• 😀 The revised law emphasizes rehabilitation and social reintegration measures, such as counseling, training, and care for individuals with mental or intellectual disabilities.
• 😀 A key change includes the criminalization of actions that threaten national security, such as spreading communist or Marxist-Leninist ideologies, which were previously not classified as criminal offenses.
• 😀 The new law now criminalizes practices like offering supernatural or harmful services, often referred to as 'santet,' which can cause physical or mental harm.
• 😀 The revised KUHP also introduces criminal penalties for interfering with the judicial process, such as falsifying evidence or influencing witnesses to provide false testimony.
• 😀 The new criminal code includes a specific offense for adultery and living together as husband and wife outside of marriage, which were not previously regulated in such a manner under the old KUHP.

Q & A

What is the main topic discussed in the transcript?

The main topic is the socialization of the new Indonesian Criminal Code (KUHP), specifically focusing on criminal sanctions and new criminal offenses introduced in the law.

What is the significance of the changes in the new KUHP related to criminal offenses?

The new KUHP introduces new criminal offenses and revises existing ones, making actions that were previously not considered criminal now subject to penalties. This includes the introduction of specific new offenses and the restructuring of penalties for various crimes.

What are the types of criminal sanctions according to the new KUHP?

The sanctions in the new KUHP consist of main penalties, additional penalties, and special penalties for certain crimes. These include the death penalty, imprisonment, fines, social work penalties, and probation, among others.

What is the purpose of the special penalties in the new KUHP?

Special penalties are introduced for specific offenses, such as terrorism or drug trafficking, and include more stringent measures like the death penalty or specific alternatives such as probation.

How is the death penalty treated in the new KUHP?

In the new KUHP, the death penalty is no longer a primary sentence. Instead, it is applied as an alternative to other penalties, with a probation period of 10 years, where the judge can consider the remorse and willingness of the defendant to reform.

What is the role of 'special criminal actions' in the new KUHP?

Special criminal actions refer to specific crimes outlined in various laws, such as terrorism or narcotics offenses, which carry specific penalties like the death sentence. These crimes are explicitly listed in the new KUHP.

What new crimes have been introduced in the new KUHP?

New crimes include offenses related to state ideology (e.g., spreading communist ideologies), witchcraft (e.g., offering supernatural services that cause harm), and changes to laws regarding adultery and living together without marriage.

What is the change in the regulation of adultery under the new KUHP?

The new KUHP shifts adultery to a criminal offense that requires a formal complaint from the spouse or family members for prosecution. It has been redefined and differs from previous provisions.

How does the new KUHP address mental health in relation to criminal behavior?

The new KUHP includes provisions for the rehabilitation and care of offenders with mental or intellectual disabilities. These individuals may be subject to rehabilitation and care in specialized facilities instead of traditional criminal penalties.

What is the role of rehabilitation in the new KUHP's approach to criminal justice?

Rehabilitation is emphasized in the new KUHP, especially for offenders with mental disabilities or other special circumstances. It involves actions such as counseling, training, and care, which aim to reintegrate offenders into society and reduce recidivism.