Perbarengan Tindak Pidana (Konkursus) | Pasal 125 - 131 UU No. 1/2023 Tentang KUHP | KUHP Baru

Summary

This video provides an in-depth explanation of the concept of 'konkursus' (concurrent offenses) in Indonesian criminal law, focusing on the 2023 Criminal Code (KUHP). It covers the differences between konkursus and 'penyertaan' (participation in a crime), and explores three forms of konkursus: idealis, berlanjut (continued), and realis. The discussion dives into the rules regarding punishment, including the principles of 'absorption' and 'cumulative' penalties. Key legal provisions, such as those concerning the interaction of general and special criminal laws, and the handling of multiple offenses within the same case, are also explained. This provides viewers with a comprehensive understanding of how concurrent crimes are treated under the new law.

Takeaways

• 😀 Konkursus is the term for when a single act violates multiple legal provisions, resulting in multiple possible penalties.
• 😀 The distinction between konkursus and participation is explained: konkursus involves one person committing an act that violates multiple laws, while participation involves multiple people committing a crime together.
• 😀 There are three forms of konkursus: idealistic, continuous acts, and realis.
• 😀 Idealistic konkursus occurs when a single act leads to multiple penalties, such as a shooting that causes both death and property damage.
• 😀 Continuous acts (perbuatan berlanjut) involve multiple related acts that form a sequence, where the acts are considered part of the same crime.
• 😀 Realis konkursus refers to separate actions occurring at the same time but each having its own distinct penalty, such as destruction and murder committed in one incident but punishable separately.
• 😀 In the Indonesian Penal Code, idealistic konkursus is governed by Articles 125–131, with provisions on sentencing such as the application of the heaviest penalty for multiple offenses.
• 😀 The 'Absorption system' is used in idealistic konkursus, meaning that the heaviest penalty absorbs the lighter penalties to prevent double punishment for the same act.
• 😀 When a crime violates both general and special laws, the punishment will follow the special law, based on the principle 'lex specialis derogat lex generalis.'
• 😀 Realis konkursus involves the 'limited cumulative system' where multiple penalties can be combined, but the total does not exceed the heaviest penalty plus one-third of it.
• 😀 Articles 128–131 introduce the concept of diverse types of penalties in the new Penal Code, including sentences like fines, in addition to imprisonment, allowing for more varied sentencing outcomes.

Q & A

What is the meaning of 'konkursus' in criminal law?

In criminal law, 'konkursus' refers to the occurrence of one act that may be subject to multiple legal penalties. It is the concept of concurrent crimes where a single act can lead to multiple criminal punishments.

How does 'konkursus' differ from 'penyertaan' (participation) in criminal law?

The main difference is that 'penyertaan' involves multiple people committing a criminal act together, while 'konkursus' involves one person committing an act that can lead to multiple punishments.

What are the three types of 'konkursus' as described in the script?

The three types of 'konkursus' are: 1) Idealistic Konkursus (where one act leads to multiple punishments), 2) Continuous Acts (where several acts are connected and regarded as a continuous crime), and 3) Realistic Konkursus (where separate crimes occur simultaneously but are treated independently).

What is an example of 'konkursus idealis' (idealistic konkursus)?

An example of 'konkursus idealis' is when a person shoots another, killing them, and also causing damage to property, such as breaking a car window. The shooting can lead to multiple punishments, but only the heaviest penalty will apply.

How does 'konkursus berlanjut' (continuous acts) work in criminal law?

In 'konkursus berlanjut', the crimes are linked in a cause-and-effect relationship, where one crime leads to another. For example, a person commits fraud and then engages in money laundering. Both crimes are connected and treated as a continuation of the initial offense.

What is the principle of 'absorption' in the context of 'konkursus'?

The principle of absorption means that when multiple crimes are committed in a single act, only the most severe penalty is applied, and lighter penalties are absorbed into the heavier one. This prevents multiple sentences for the same action.

How does the law handle cases where a crime is covered by both a general and a specific criminal law?

According to Article 125 of the new Criminal Code, when a crime falls under both general and specific criminal laws, the specific law will prevail, unless the law specifies otherwise. This is known as the principle of 'lex specialis derogat legi generali'.

What is 'konkursus realis' (realistic konkursus)?

In 'konkursus realis', several crimes occur independently but at the same time, and each crime can be punished separately. For example, a person may commit property damage and murder simultaneously, and each crime has its own punishment.

What is the maximum penalty rule for 'konkursus realis' in the new Criminal Code?

In 'konkursus realis', the penalties for each crime are added together but cannot exceed the heaviest penalty plus one-third. For example, if one crime carries a 12-year sentence and another carries a 4-year sentence, the total sentence cannot exceed 20 years.

What does Article 128 of the new Criminal Code address in relation to 'konkursus'?

Article 128 addresses situations where different types of penalties are applied to multiple offenses, such as imprisonment, community service, or fines. It allows for the imposition of all applicable penalties, but the total sentence cannot exceed the maximum penalty of the most serious crime plus one-third.