PEMIDANAAN, PIDANA, DAN TINDAKAN #IntisariHukumPidana 3

Summary

This video discusses the core concepts of criminal law in Indonesia, focusing on the theory and philosophy of punishment. It covers the definition and objectives of punishment, including retribution, deterrence, rehabilitation, and more. The script also explores the types of punishments defined in the new Indonesian Penal Code (KUHP), highlighting changes from previous laws, such as alternative punishments like social work, supervision, and fines. Special attention is given to the handling of crimes committed by minors and corporations. The video emphasizes the evolving nature of criminal law to meet societal needs.

Takeaways

• 😀 The script introduces the concept of criminal law (hukum pidana) and discusses the fundamental elements, including the concept of punishment and accountability in criminal law.
• 😀 It emphasizes the triad of basic principles in criminal law: criminal acts, accountability, and punishment, which form the foundation of the material criminal law.
• 😀 The definition of punishment is discussed, highlighting that it is a consequence imposed by the state on those who commit crimes, which leads to suffering or deprivation.
• 😀 Several criminal law scholars are referenced, such as Prof. Simons, Prof. Vanham, Prof. Bardanwi Arif, and Prof. Muladi, who define punishment as suffering imposed by the state for committing a crime.
• 😀 A personal definition of punishment is presented, focusing on it as a formal reaction by the state to individuals or corporations who violate laws that carry penal sanctions.
• 😀 The script introduces multiple theories of punishment: Retribution (to repay wrongdoings), Deterrence (to prevent future crimes), Rehabilitation (to restore offenders), and others like Isolation and Incapacitation.
• 😀 Theories are divided into three categories: Retribution, which is focused on backward-looking punishment; Purpose, which is future-oriented to achieve certain goals like preventing recidivism; and a Mixed approach combining both.
• 😀 The new Indonesian Penal Code (KUHP) introduces changes in the classification and application of punishments, including primary, additional, and specific penalties.
• 😀 The new KUHP emphasizes alternative sentences to imprisonment, such as surveillance, community service, and fines, especially in cases involving the elderly, first-time offenders, or minor crimes.
• 😀 Specific regulations for juvenile offenders and corporate entities are introduced in the new KUHP, including measures like restorative justice for children and fines for corporations, highlighting the evolution of penal policies.
• 😀 The final takeaway emphasizes that the updates in the new KUHP are designed to align with societal and legal advancements, aiming for a more just and responsive criminal justice system.

Q & A

What is the core topic discussed in this lecture?

The lecture discusses the concept of criminal punishment (pemidanaan), its theories, types, and the changes introduced in Indonesia's new criminal code (KUHP).

What are the three core concepts of criminal law mentioned in the lecture?

The three core concepts of criminal law discussed are criminal acts, criminal responsibility, and punishment.

How do experts define punishment in criminal law?

Experts define punishment as a form of suffering or hardship imposed by the state due to someone committing a criminal act, as a consequence of their crime.

What are the key theories of punishment presented in the lecture?

The key theories of punishment are Retributive Justice, Deterrence (specific and general), Rehabilitation, Isolation, Incapacitation, Reintegration, and Restitution.

What is the difference between specific and general deterrence?

Specific deterrence aims to prevent the individual offender from reoffending, while general deterrence seeks to discourage others from committing crimes by setting an example of the offender.

What is the role of rehabilitation in criminal punishment?

Rehabilitation focuses on restoring the offender to society by helping them become a law-abiding citizen again, with the goal of improving their behavior and reintegration.

How does the theory of retribution view punishment?

The theory of retribution views punishment as a necessary consequence of a criminal act, where the focus is on paying back or retaliating for the offense.

What are the new types of punishment introduced in the KUHP?

The new types of punishment in the KUHP include primary punishments like imprisonment, fines, surveillance, and community service, along with additional punishments such as public announcement of judgment and victim compensation.

How does the new KUHP treat juvenile offenders and corporations?

The new KUHP includes provisions for juvenile offenders and corporate crime, offering alternatives to imprisonment for minors and financial penalties for corporations instead of imprisonment.

What is the significance of the changes in the KUHP regarding imprisonment sentences?

The new KUHP introduces flexibility in sentencing, such as replacing prison sentences with alternative punishments like social work or fines, depending on the context of the crime and the offender’s circumstances.