Apa Perbedaan Hukum Pidana Dengan Hukum Acara Pidana

Summary

This video educates viewers on the basics of criminal law and criminal procedural law in Indonesia. It explains criminal law as material law that defines prohibited acts and their associated penalties, while criminal procedural law outlines the steps in enforcing these laws through investigation, prosecution, and trials. Key differences include the focus of criminal law on defining crimes and sanctions, and criminal procedural law on ensuring fair legal processes. The video also highlights important principles like legality, fairness, and the presumption of innocence, providing viewers with a comprehensive understanding of these legal fields.

Takeaways

• 😀 Criminal law (hukum pidana) focuses on acts prohibited by law and the corresponding punishments for those who commit these acts.
• 😀 Criminal procedural law (hukum acara pidana) governs the legal process, ensuring justice through rules for investigation, prosecution, and court proceedings.
• 😀 Criminal law is concerned with defining what constitutes a criminal act and determining the appropriate penalty for it.
• 😀 Criminal procedural law ensures that the trial process is fair, just, and follows the proper procedures from investigation to execution.
• 😀 The main difference between criminal law and criminal procedural law lies in their objectives: criminal law focuses on punishment and crime, while procedural law focuses on legal procedures and protecting rights during trials.
• 😀 Criminal law principles include legality, fault, no punishment without fault, and proportionality in sentencing.
• 😀 Criminal procedural law principles include presumption of innocence, equality before the law, efficient trial procedures, and the right to legal assistance.
• 😀 The principle of legality in criminal law ensures that no one can be punished for an act unless it is clearly defined as a crime in the law.
• 😀 The presumption of innocence principle in criminal procedural law means that an accused person is considered innocent until proven guilty in a court of law.
• 😀 Criminal procedural law emphasizes that all individuals are equal before the law, regardless of their social or economic status.
• 😀 Criminal law and criminal procedural law are interconnected, with criminal law focusing on the substance of crime and punishment, while procedural law ensures a fair and just legal process.

Q & A

What is the difference between criminal law and criminal procedure law?

Criminal law, or 'hukum pidana', focuses on defining what acts are considered crimes and prescribing the penalties for those acts. It is concerned with the material aspects of criminal law. On the other hand, criminal procedure law, or 'hukum acara pidana', deals with the procedures for handling criminal cases, from investigation to the execution of the sentence, ensuring that the legal process is fair.

What does criminal law aim to achieve?

Criminal law aims to protect society by defining unlawful acts and imposing penalties on those who commit crimes. Its goal is to prevent illegal actions and ensure offenders are appropriately punished, with the intention of safeguarding public order.

What is the purpose of criminal procedure law?

The purpose of criminal procedure law is to regulate the legal processes involved in criminal cases, ensuring that trials are fair and just. It outlines how investigations, prosecutions, trials, and executions of sentences should be carried out, focusing on protecting the rights of individuals during the legal process.

What is the role of 'asas legalitas' (the principle of legality) in criminal law?

'Asas legalitas' ensures that no act can be considered a crime unless it is explicitly defined as such in the law. This principle protects individuals from arbitrary prosecution and guarantees that criminal law cannot be applied retroactively.

What is the significance of 'asas kesalahan' (the principle of fault) in criminal law?

'Asas kesalahan' means that a person can only be punished if they committed an unlawful act with intent or negligence. This principle ensures that punishment is only applied to those who are responsible for the crime they are accused of.

How does 'asas peraduga tak bersalah' (the presumption of innocence) function in criminal procedure law?

'Asas peraduga tak bersalah' asserts that every individual is considered innocent until proven guilty in a lawful trial. This protects the rights of the accused, ensuring they are not treated as guilty before a court has made a ruling.

What is 'asas persamaan di depan hukum' (equality before the law) and how does it apply?

'Asas persamaan di depan hukum' guarantees that all individuals, regardless of social or economic status, are treated equally under the law. This principle ensures fairness and justice in legal proceedings.

What does 'asas proporsionalitas' (the principle of proportionality) mean in criminal law?

'Asas proporsionalitas' means that the punishment for a crime should be proportional to the seriousness of the crime. The principle ensures that penalties are not excessive and are appropriate for the offense committed.

Why is the protection of the accused's rights emphasized in criminal procedure law?

Criminal procedure law places a strong emphasis on protecting the rights of the accused to ensure a fair trial. This includes ensuring the right to legal representation, the presumption of innocence, and an impartial trial process.

How does criminal procedure law protect the interests of justice in the legal system?

Criminal procedure law ensures that the judicial process is conducted fairly, efficiently, and in accordance with the law. It governs the process from investigation to execution, guaranteeing that all stages of the trial adhere to due process and that individuals' rights are respected.