Delik Perbarengan_Part. 2

Summary

This script explores the legal concepts of *concursus delicten* in criminal law, focusing on various forms of multiple criminal acts. It covers *concursus realis*, where multiple distinct crimes occur, *forget handling* (continuing actions), which involves crimes stemming from a single intention, and *concursus idealis homogenous*, where different actions are treated under a single legal provision. The script also delves into *lagging criminal acts*, where crimes are discovered after sentencing. Legal principles like the *absorption system* and the significance of time intervals between crimes are discussed, alongside key articles from the Indonesian Criminal Code that govern these situations.

Takeaways

• 😀 Concursus delicten refers to the legal concept of multiple criminal acts being considered as one due to shared intention or a continuous course of action.
• 😀 Forget handling (or continuing actions) occurs when two or more criminal acts stem from one evil intention and are closely related, differentiating it from concursus realis.
• 😀 Forget handling requires that the crimes must come from a single intention or will of the perpetrator, and the criminal acts must occur within a short time frame.
• 😀 In forget handling, the criminal acts should involve the same type or qualification of offense, meaning the same articles in the Criminal Code or at least the same criminal qualifications.
• 😀 The punishment for forget handling is determined using an absorption system, where only the heaviest criminal sanction applies based on the most severe offense.
• 😀 An example of forget handling: One perpetrator assaults another twice, but the acts come from the same emotional impulse and are treated as one legal event with the heavier penalty being applied.
• 😀 Concursus idealis homogenous occurs when two or more criminal acts are legally considered as one act because they violate a single rule of criminal law, like theft with violence.
• 😀 Lagging Criminal Acts occur when multiple crimes are committed, but one or more criminal acts are discovered later, so they are tried separately from the initial charges.
• 😀 If a Lagging Criminal Act is discovered after an earlier conviction, the court must take into account the previous sentence when determining the punishment for the new crime.
• 😀 Article 71 of the Criminal Code governs how to handle lagging criminal acts, ensuring that the previous criminal sentence is considered when a new crime is uncovered.

Q & A

What is 'Forget Handeling' in criminal law?

Forget handling refers to the situation where a person commits two or more criminal acts that are closely related and come from the same evil intention. Although the acts are multiple, they are considered as continuing actions because they stem from a single will or intention.

How does 'Forget Handeling' differ from 'Concursus Realis'?

The key difference is that in 'Forget Handeling', all criminal acts originate from the same intention or will of the perpetrator, whereas in 'Concursus Realis', the acts may not necessarily come from the same intention or will.

What are the characteristics of 'Forget Handeling'?

The characteristics of Forget Handeling include: (1) the acts must arise from the same intention or will of the perpetrator, (2) the acts must be of the same type or at least have the same qualification of the offense, and (3) the time gap between the criminal acts should not be long.

What is meant by the 'Absorption System' in Forget Handeling?

The Absorption System means that when multiple criminal acts are committed from one intention, the most severe punishment among the violated rules is applied. If the crimes have different penalties, the heaviest penalty is enforced.

What is the legal basis for Forget Handeling in Indonesian criminal law?

The legal basis for Forget Handeling is found in Article 64, Paragraph 1 of the Indonesian Criminal Code, which allows for the application of one criminal rule for continuous acts stemming from the same intention.

Can 'Forget Handeling' involve different types of criminal acts?

Yes, but the acts must have the same criminal qualification, meaning they must either be of the same type or regulated in the same chapter of the Criminal Code. For example, different forms of assault may be considered as continuing actions if they arise from the same intention.

What happens when the criminal acts in Forget Handeling are related to different articles of the law?

In such cases, the most severe punishment is applied, and the legal rule with the heaviest criminal sanction is used, even if the acts are regulated under different articles or laws.

What is the concept of 'Concursus Ideal Homogeneous'?

Concursus Ideal Homogeneous occurs when multiple acts are legally considered as one single act because they violate the same criminal law provision. This is different from Concursus Ideal, where one act may violate multiple laws.

How does 'Lagging Criminal Act' differ from 'Concursus Realis'?

A Lagging Criminal Act involves two or more crimes where some acts are not discovered or tried together with the others. In contrast, Concursus Realis refers to multiple acts that are all discovered and tried together.

What is the legal procedure when a 'Lagging Criminal Act' is discovered after the initial sentence?

When a Lagging Criminal Act is discovered after the initial sentence, the previous criminal sentence is taken into account, and a separate trial is held for the newly discovered crime. The punishment is adjusted based on the existing sentence.