Mahsun Ismail. PDD-UKTPT Sertifikasi Dosen SMART 2025

Summary

This video lecture discusses key elements of criminal law, focusing on the concepts of intention, mobilization, and assistance in crime. The lecturer explains how intention drives criminal actions and how legal efforts and means influence the process of committing a crime. Key distinctions are made between advocacy and assistance in criminal acts, with examples to illustrate these concepts. The lecture concludes with a preview of a case study on an assault, illustrating the application of criminal law in real-world situations.

Takeaways

• 😀 Intention plays a crucial role in the commission of crimes like theft, murder, and assault.
• 😀 Advocacy involves intentionally encouraging another person to commit a crime, whereas assistance is providing help during the crime.
• 😀 Even if the person advocating or assisting fails to commit the crime, they can still be punished under specific laws (Article 16, Article 163).
• 😀 The decision of the material maker (the person committing the crime) is based on the efforts made by the advocate or assistant.
• 😀 In cases of assistance, the helper may not have the initial intention to commit the crime but helps in the execution, such as providing resources or opportunities.
• 😀 Article 56 of the Criminal Code covers assistance during the crime, distinct from advocacy, which is focused on encouraging the commission of a crime.
• 😀 Assistance is only considered when the crime is actively being committed, and the helper's role is primarily supportive in nature.
• 😀 A security guard could be considered an accessory if they unknowingly or knowingly help in a crime, such as providing access to stolen goods.
• 😀 A key example discussed is a security guard leaving a key for a thief to carry out a theft, demonstrating how assistance works in real-life situations.
• 😀 The upcoming case study involves analyzing an assault on a courier that went viral, applying relevant criminal laws regarding abuse and assistance.

Q & A

What is the primary focus of the lecture?

The primary focus of the lecture is understanding the concepts of intent, mobilization of efforts, and the distinction between advocacy and assistance in criminal law, with examples provided for each.

What role does intent play in the commission of a crime?

Intent is crucial for the commission of a crime, as the individual must have the deliberate intention to influence or move another person to commit a crime. The intention is the first step in the process of criminal activity.

How are the terms 'mobilize' and 'efforts' relevant to criminal law?

Mobilization refers to the actions taken to influence someone to commit a crime. The 'efforts' made are within the legal framework and limited to specific actions that contribute to the commission of the crime.

What is meant by the 'material maker' in the context of criminal law?

The 'material maker' refers to the person who ultimately carries out or attempts to carry out the crime based on the influence or efforts made by others. This person is responsible for the execution of the crime.

What happens if a crime is attempted but not successfully committed?

Even if the crime is not successfully committed, legal consequences can still follow under specific laws (such as Article 16, Article 163), and the individual can be punished for attempting to commit the crime.

What is the difference between advocacy and assistance in the context of criminal law?

Advocacy involves recommending or encouraging someone to commit a crime, while assistance refers to helping someone during the commission of the crime. Assistance is more passive, supporting the act once the perpetrator has decided to commit the crime.

Can a person be held accountable for simply recommending a crime?

Yes, a person can be held accountable for advocating or recommending a crime. Advocacy is a form of encouragement and can lead to legal consequences, even if the crime is not completed.

Can a person who only assists in the crime be held accountable?

Yes, a person can be held accountable for assistance if their actions help facilitate the crime. For example, providing access or tools to help commit the crime makes the person an accessory during the commission of the offense.

What is the example provided in the lecture to illustrate the concept of assistance?

The example given is a security guard who, without knowing the intent to commit theft at first, later assists by leaving a key in place or making access easier for the perpetrator to steal.

How does the lecturer plan to use a real case study in future lessons?

The lecturer plans to analyze a viral case involving the assault of a courier using the articles and provisions that regulate abuse. This case study will help apply the theoretical concepts discussed in the lecture.