rewplaw.com - Criminal Law (Dutch: Strafrecht) is the totality of regulations that determine what actions are prohibited and included in criminal acts, as well as determining what punishment can be imposed on those who commit them. Thus, criminal law does not establish its own legal norms, but is based on other norms and criminal sanctions. Held to strengthen compliance with other norms, for example religious norms and morality.

In material criminal law, what is known as a criminal act is known. What is meant by a criminal act is an unlawful act carried out by someone who can be held accountable and for this act is threatened with certain sanctions. Criminal acts are divided into 2, namely: material criminal acts (material offenses) and criminal acts (formal offenses). . What is meant by a material offense is an offense that only mentions the consequences that occur, for example in Article 338 of the Criminal Code (simple murder / doodslag) which mentions the loss of another person's life (consequence). What is meant by a formal offense is an offense that states the ways in which a criminal act is committed, for example in Article 362 of the Criminal Code (theft) which states the methods of stealing, namely by secretly taking other people's goods which partly or wholly belong to another person (how to steal).

Sources of Criminal Law

According to Prof. Moeljatno, S.H. Criminal Law is part of the overall law in force in a country, which provides the basics and rules for:

• Determine which actions may not be carried out and which are prohibited, accompanied by threats or sanctions in the form of certain penalties
  for anyone who violates these prohibitions;

• Determine when and in what cases those who have violated these prohibitions may be subject to or be punished as threatened;

• Determine how the imposition of a criminal offense can be carried out if someone is suspected of having violated the prohibition.

Meanwhile, according to Sudarsono, in principle, Criminal Law regulates crimes and violations of the public interest and these acts are punishable by punishment which constitutes suffering. Sources of criminal law can be differentiated into written legal sources and unwritten legal sources. In Indonesia itself, we do not yet have a National Criminal Code, so the Criminal Code inherited from the Dutch East Indies colonial government is still in force. The systematics of the Criminal Code include:

• Book I Concerning General Provisions (Articles 1-103)

• Book II Concerning Crime (Articles 104-488)

• Book III Concerning Violations (Articles 489-569)

And there are also several laws that regulate special criminal acts that were created after independence, including:

• UU no. 8 Drt of 1955 concerning Immigration Crimes

• UU no. 9 of 1967 concerning Narcotics

• UU no. 16 of 2003 concerning Anti-Terrorism

Principles of Criminal Law

• Principle of Legality, no act can be punished except on the strength of the criminal rules in the Legislation that existed before the act was committed (Article 1 Paragraph (1) of the Criminal Code). If after the act has been committed there is a change in the Legislative Regulations, then the rule that is used will have the lightest sanctions for the defendant (Article 1 Paragraph (2) of the Criminal Code)

• The principle of no crime without fault (Geen Straf Zonder Schuld). To impose a crime on a person who has committed a criminal act, it must be done if there is an element of fault in that person.

• Territorial principle, meaning that the provisions of Indonesian criminal law apply to all criminal incidents that occur in areas that are the territorial territory of the Unitary State of the Republic of Indonesia, including Indonesian-flagged ships, Indonesian aircraft, and Indonesian embassy and consul buildings in foreign countries (article 2 of the Criminal Code).

• The principle of active nationality, meaning that the provisions of Indonesian criminal law apply to all Indonesian citizens who commit criminal acts wherever they are (article 5 of the Criminal Code).

• The principle of passive nationality, meaning that the provisions of Indonesian criminal law apply to all criminal acts that harm the interests of the state (article 4 of the Criminal Code).

Types of Crime

Regarding what punishment can be imposed on someone who is guilty of violating the provisions of the criminal law, Article 10 of the Criminal Code determines the types of punishment that can be imposed, namely as follows:

Basic Punishments

• Death Penalty

• Prison sentences, prison sentences themselves are divided into life imprisonment and temporary imprisonment. The minimum temporary prison sentence is 1 year and the maximum is 20 years. The convict is obliged to stay in prison during the sentence period and is obliged to do work inside and outside prison and the convict does not have the right to vistol

• Imprisonment sentence, this sentence is not as severe as a prison sentence and is imposed for minor crimes or violations. Usually the convict can choose between imprisonment or a fine. The difference between a prison sentence and a prison sentence is that with a prison sentence the convict cannot be detained outside his place of residence if he doesn't want to, whereas with a prison sentence he can be imprisoned anywhere, the forced work imposed on the prison convict is heavier than the work that must be done by the convict. imprisonment and convicts have the right to vistol (the right to improve their fate) while imprisonment is not the case

• Fine, in this case the convict may choose for himself between a fine and imprisonment. The maximum imprisonment in lieu of a fine is 6 months

• Imprisonment punishment, this sentence is imposed based on political reasons against people who have committed crimes which are punishable by imprisonment under the Criminal Code. This closing penalty is an additional crime to the Criminal Code based on the provisions of Article 1 of Law Number 20 of 1946 concerning Closing Penalties

Additional Penalties

Additional penalties cannot be imposed separately but must be included in the main sentence. These additional penalties include:

• Revocation of certain rights

• Confiscation of certain items

• Announcement of the judge's decision.

- REWP Law