[FULL] Keterangan Saksi Ahli Pidana di Sidang Kasus Ferdy Sambo, Jelaskan Soal Pembunuhan Berencana

Summary

The transcript presents a detailed legal discussion on criminal law, focusing on the responsibilities of individuals in criminal acts, participation in crimes, and the distinction between different types of murders, including premeditated and non-premeditated. Key topics include the concept of 'dualism' in criminal responsibility, the conditions under which accomplices are held accountable, the idea of criminal intent, and the legal requirements for proving premeditation. Experts also touch upon the role of the polygraph in criminal investigations and the legal definition of a victim in criminal law. The session provides deep insights into both theoretical and practical aspects of criminal law.

Takeaways

• 😀 The dualism theory in criminal law involves both subjective and objective elements, where the subject of responsibility must meet both conditions to be held criminally liable.
• 😀 In cases involving multiple perpetrators, not all must perform the same actions to fulfill the elements of a crime. Some may only perform specific parts of the act.
• 😀 The concept of ‘participation’ in criminal law means that individuals who did not perform all the actions still bear criminal responsibility if they contributed to the crime.
• 😀 In relation to criminal participation, it is not necessary for the perpetrators to have a pre-determined and fixed time frame for reaching a common understanding of their intentions.
• 😀 The principle of intentionality (dolus) in criminal law refers to the requirement of a clear will to perform an act, and it can be classified into different forms, such as deliberate or planned.
• 😀 The distinction between premeditated murder (Article 340) and regular murder (Article 338) lies in the subjective elements, such as the intent to plan and deliberately carry out the crime.
• 😀 To establish premeditated murder, it is essential to prove a calm and clear state of mind before carrying out the act, along with sufficient time to deliberate.
• 😀 Criminal responsibility can extend to individuals who were aware of a crime occurring but did not prevent it. Their failure to act could lead to criminal liability in certain cases.
• 😀 In the case of a planned crime (dolus), a certain interval between deciding to commit the act and carrying it out is critical for understanding the defendant's criminal intent.
• 😀 Poligraph results are considered 'evidence' within the criminal process, as long as they adhere to legal standards and provide valuable insight into the crime investigation.

Q & A

What does the concept of 'dualism' in criminal law refer to?

Dualism in criminal law refers to the distinction between subjective and objective elements in criminal responsibility. It involves considering both the mental state (subjective) and the physical act (objective) of the defendant in determining criminal liability.

What is the role of 'participation' (penyertaan) in criminal law, as discussed in the transcript?

Participation refers to the involvement of multiple individuals in committing a crime. In Indonesian criminal law, it is not necessary for each participant to commit the entire criminal act; they may only perform parts of it, as long as their actions fulfill elements of the crime.

How is 'mens rea' (intent or knowledge) applied in cases of criminal participation?

In cases of criminal participation, 'mens rea' refers to the participants' awareness and intention to commit the crime. This means that participants must have the knowledge and intent to join in the criminal act for them to be held criminally responsible.

Does the law require a specific time interval between the decision to commit a crime and its execution?

The law does not prescribe a fixed time interval between the decision and execution of a crime. However, the concept of 'dolus premeditatus' (premeditation) suggests that the perpetrator has a sufficient period to reflect on and decide whether to carry out the act, which is a factor in classifying the crime as premeditated.

What is the distinction between premeditated murder (pasal 340) and ordinary murder (pasal 338)?

The key difference is the element of premeditation. While both involve the unlawful taking of a life, premeditated murder (pasal 340) requires intentional planning and a deliberate decision to kill, whereas ordinary murder (pasal 338) does not require premeditation.

What is the legal concept of 'delicta commissiva' in criminal law?

Delicta commissiva refers to criminal acts that involve committing an offense by performing a prohibited action. It contrasts with 'delicta omissiva', where the offense occurs through failure to act as required by law.

How does the law address the failure to prevent a crime when an individual has the opportunity to do so?

If an individual has the opportunity to prevent a crime but fails to act, they may be criminally liable, particularly under the concept of 'delicta commissionis'. This is because the failure to prevent the crime can be seen as an act of omission, which may be punishable under the law.

What is the significance of the postulate 'the failure to prevent a crime is the same as strengthening the crime'?

This postulate suggests that not taking action to prevent a crime, when one has the ability to do so, can be seen as contributing to the crime's commission. It highlights the importance of proactive responsibility in preventing unlawful acts.

Can the results of a polygraph test be considered as evidence in court under Indonesian law?

Yes, the results of a polygraph test can be considered as evidence in court. The polygraph results are typically viewed as a form of circumstantial evidence or an indicator of the truthfulness of a statement, and may be treated as documentary evidence if they are properly documented.

What is the legal status of a person who has not been charged but is involved in a criminal case, such as a victim or a witness?

A person who is involved in a criminal case but has not been charged is typically considered a 'witness' or 'victim'. If they are directly affected by the crime, they may be regarded as a 'victim' and may have certain rights, even before the legal process concludes.