Batas Berlakunya Hukum Pidana dari Segi Tempat_Part. 3

Summary

The transcript delves into key international criminal law principles, such as universal jurisdiction, which obligates countries to enforce criminal laws regardless of the perpetrator's nationality or the location of the crime. It also discusses extraterritoriality, outlining situations where certain individuals are immune to local criminal laws, such as foreign heads of state, diplomats, and military personnel. Additionally, it covers the challenges of jurisdiction in cross-border crimes and the role of extradition and mutual legal assistance agreements in facilitating international cooperation in criminal matters, particularly in asset recovery and criminal prosecution.

Takeaways

• 😀 Universal jurisdiction means that certain crimes must be prosecuted by any country, regardless of who committed the crime, where it was committed, or whose interests were harmed.
• 😀 Universal jurisdiction expands upon the principle of passive nationality jurisdiction, aiming to protect international interests rather than just national ones.
• 😀 In Indonesian law, the Criminal Code (KUHP) applies universal jurisdiction, such as for crimes involving counterfeit currency, regardless of the perpetrator's nationality or the location of the crime.
• 😀 The principle of universal jurisdiction extends to piracy, with all countries having jurisdiction over crimes like maritime and air piracy, as they are considered international crimes.
• 😀 Extraterritoriality exempts certain individuals from the application of national laws, such as foreign heads of state and their families when visiting a country officially.
• 😀 Individuals with extraterritorial immunity include foreign diplomats, consuls, and employees of international organizations like the UN, making them immune from local criminal prosecution.
• 😀 Certain foreign military personnel, such as those on warships or military aircraft, also enjoy immunity from prosecution for crimes committed outside their vehicles.
• 😀 The principle of extraterritoriality also applies to foreign military forces operating in newly independent countries or those under specific agreements for mutual protection.
• 😀 Countries implement territorial jurisdiction, meaning the country has jurisdiction over crimes committed within its borders, regardless of the nationality of the perpetrator.
• 😀 International agreements like extradition treaties and Mutual Legal Assistance (MLA) help address jurisdictional conflicts by allowing one country to request the prosecution or asset recovery from another country, ensuring mutual benefits.

Q & A

What is the principle of universal jurisdiction in criminal law?

Universal jurisdiction is a legal principle that requires all countries to prosecute certain types of crimes, regardless of where the crime was committed, the nationality of the perpetrator, or the nationality of the victim. This includes crimes like piracy and counterfeiting of currency, and its purpose is to protect international interests.

How does universal jurisdiction differ from passive nationality jurisdiction?

While passive nationality jurisdiction aims to protect the national interests of a country by applying its laws to crimes committed by its citizens, universal jurisdiction extends beyond national interests to protect international interests, meaning it applies to crimes affecting the broader global community.

What role does Article 4, sub-2 of the Indonesian Penal Code (KUHP) play in universal jurisdiction?

Article 4, sub-2 of the KUHP exemplifies the application of universal jurisdiction by addressing crimes such as currency counterfeiting. It extends to any nation’s currency, not just Indonesia’s, indicating that international laws can be applied to criminal acts involving foreign currencies.

Can you explain the concept of extraterritoriality in criminal law?

Extraterritoriality refers to exceptions to the territorial application of criminal laws. It involves specific individuals, such as foreign heads of state or diplomats, who cannot be prosecuted under the laws of the country they are in due to their immunity under international law.

Who are the individuals protected by extraterritoriality according to international law?

The individuals protected by extraterritoriality include foreign heads of state and their families, foreign diplomats and consuls, employees of international organizations, military personnel, and peacekeeping forces of foreign countries operating within a host nation's territory under agreement.

What are the conditions for extraterritorial immunity for foreign diplomats in Indonesia?

Foreign diplomats and consuls are immune from prosecution under Indonesian law when performing official duties. However, if they commit crimes outside the scope of their diplomatic functions or while not in official capacity, they can be prosecuted.

What is the purpose of extradition agreements between countries?

Extradition agreements facilitate the surrender of individuals accused or convicted of crimes from one country to another. These agreements ensure that criminals cannot escape justice by fleeing to a country with no legal obligation to return them for prosecution or sentencing.

How do mutual legal assistance (MLA) agreements complement extradition?

Mutual legal assistance (MLA) agreements allow countries to cooperate in legal matters, such as gathering evidence or assisting in the enforcement of legal judgments. While extradition involves the transfer of individuals, MLA facilitates assistance in broader legal procedures like asset recovery or prosecution.

Why is there a challenge in applying criminal law across multiple jurisdictions?

The challenge arises because multiple countries may claim jurisdiction over the same crime, creating conflicting laws and procedures. This can lead to complications, especially when a crime affects the interests of more than one country, requiring international cooperation through agreements like extradition or MLA.

What role do asset recovery and the principle of reciprocity play in MLA agreements?

Asset recovery involves the return of illicitly obtained assets, and reciprocity ensures that countries agree to mutually beneficial terms when providing legal assistance. In MLA agreements, the countries involved agree to share proceeds from recovered assets, ensuring both parties benefit from the cooperation.