Criminal law is a rule or law that can regulate violations and crimes against the public interest, and the perpetrators can be subject to punishment in the form of suffering or torture.
Criminal law is one type of law that exists in Indonesia. Law is a set of rules consisting of norms and sanctions.
Law is closely related to human life, and all human life is limited by law, so it refers to the most crucial system for law enforcement agencies to carry out various law enforcement powers.
By implementing existing laws in Indonesia, Indonesian citizens must comply with existing laws, whether criminal, civil or others.
People who violate the law regarding crimes against the public interest will be tried by criminal law. Criminal law, as a separate part of public law, is one of the legal instruments whose existence has been so urgent since time immemorial.
This law is fundamental because it is a “moral body” responsible for ensuring public safety from threats of criminal acts, maintaining national stability, and (and) rehabilitating criminals.
These laws developed in response to demands for criminal activity at every age. Therefore, to find out what criminal law is further, here is the explanation:
Definition of criminal law according to experts
- Mezger: Criminal law is a law that binds acts that fulfill certain conditions and lead to criminal consequences.
- PS: criminal law is a complete prohibition or order which, in certain circumstances, threatens the State with heinous crimes, namely a crime if not complied
- with, and forms the basis for the imposition and application of criminal proceedings.
- Van Hamel: Criminal law is the obligation to uphold the law, namely all the bases and rules made by the State by prohibiting what is illegal and causing suffering (suffering) for those who violate the prohibition.
Types of criminal law
1. Substantive criminal law includes regulations that determine and formulate criminal acts, regulations that contain the conditions for the occurrence of a crime, and regulations relating to criminal law. The primary criminal law is regulated in the Criminal Code.
2. criminal law regulates how the State can exercise its right to commit crimes by giving gifts. Formal criminal law is also called the Criminal Procedure Code, contained in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP).
3. General criminal law contains criminal law provisions that apply to everyone. Criminal Code, Traffic Act (UULL), etc.
4. The Special Criminal Law contains provisions of the Criminal Code that deviate from the general criminal law regarding groups, groups with certain types of acts. As an example:
- military criminal law
- Tax criminal law
- Economic criminal law
- Corruption criminal law
- Principles of Criminal Law
1. The Principle of legality: A crime cannot be punished unless it is based on the Principle of legality, the criminal provisions of the law that existed before the crime was committed (Article 1 (1) of the Criminal Code). If the law is revised after the crime has been committed, provisions that make it easier to convict suspects apply (KUHP, Article 1, Paragraph 2).
2. The Principle of no crime without fault: To impose a sentence on a person who commits a crime must be carried out if he has an element of error.
3. Territorial Principle. That is, the provisions of the Criminal Code apply to all criminal cases in areas included in the sovereign territory of the unitary State of the Republic of Indonesia. (Article 2 of the Criminal Code)
4. The Principle of active nationality. This means that the provisions of the Criminal Code apply to all Indonesian citizens who commit crimes anywhere (Article 5 of the Criminal Code).
5. The Principle of passive nationality. This means that the provisions of Indonesian criminal law apply to all crimes that harm national interests (Article 4 of the Criminal Code).
Criminal punishment system
The criminal system contained in Article 10 concerning principal crimes and secondary crimes states that the sentences imposed on the perpetrators are:
A. Principal or main punishment (straighten nails).
1. Death penalty
2. Prison
3. Prison
4. Fines
B. Additional punishment (Bjomende staffen)
1. Revocation of certain rights
2. Confiscation of certain goods
3. Announcement of the judge’s decision.
