Sources of Criminal Law: Definition of Criminal Law, Sources, Purpose, Functions, Principles
Sources of Criminal Law: Definition of Criminal Law, Sources, Objectives, Functions, Principles – What is the Source of Criminal Law? The Source of Criminal Law is the entire source of the regulations that determine actions what is prohibited and included in a criminal act, as well as determining what punishment can be imposed on which do it. Let's look at the article below to understand it better.
Sources of Criminal Law : Definition of Criminal Law, Sources, Objectives, Functions, Principles
Criminal law is a law that regulates a violation of a predetermined law, an offense and a crime against a public interest and a crime individual interests, and whoever does what is prohibited in a criminal law will be threatened with criminal sanctions that have been determined what the violator did. the. Criminal law is also a law that maintains a stability and a moral institution that has a role in rehabilitating criminal offenders.
Criminal law is one of the public laws. Criminal law is usually used to punish those who violate or commit crimes such as stealing, robbing, rape, corruption, murder, fraud, and persecution.
Sources of Criminal Law
Sources of Criminal Law can be divided into written sources of law and unwritten sources of law. 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 being enforced. The systematics of the Criminal Code include:
- Book I Concerning General Provisions (Articles 1-103).
- Book II About Crime (Articles 104-488).
- Book III Concerning Violations (Articles 489-569).
And also there are several laws that regulate special criminal acts made after independence, including:
- UU no. 8 Drt of 1955 concerning Immigration Crime.
- UU no. 9 of 1967 concerning Drugs.
- UU no. 16 of 2003 concerning Anti-Terrorism, etc
Apart from being contained in the Criminal Code and the Special Law, provisions of the Criminal Law are also contained in various other laws and regulations, such as the Law. No. 5 of 1960 concerning Basic Agrarian Regulations, Law no. 9 of 1999 concerning Consumer Protection, Law no. 19 of 2002 concerning Copyright and so on.
Indonesian criminal law is structured in a codified system and a non-codified system. The codified system is what is contained in the Criminal Code. In the Criminal Code, various types of acts are classified as criminal acts, which actions can be punished. However, outside the Criminal Code, there are also various provisions regarding what actions can also be punished with criminal sanctions. In this case, Loebby Loqman distinguishes the sources of written criminal law in Indonesia, namely:
- The Criminal Code (KUHP);
- Laws that change/add to the Criminal Code;
- Special Criminal Law Act;
- Criminal rules outside the Criminal Law Act.
In Anglo Saxon countries there is no known codification of the principles of criminal law. Each crime is regulated in one law only. English criminal law, for example, although it originates from Common Law and Statute Law (laws), English criminal law is primarily based on Common Law, which is part of English law which originates from the habits or customs of society which are developed based on decisions court. So it comes from unwritten law and in solving problems or certain cases it is developed and unified in court decisions so that it is a precedent. Therefore, common law is often also called case law or precedent law.
Another case in a country with a Continental European legal system. Criminal law is codified in a book of laws. Various criminal acts are regulated in one book of laws. However, it turns out that the Indonesian legal system also recognizes criminal acts outside the Criminal Code. This is what is referred to as a special crime in the true sense. Examples of these laws are the Anti-Corruption Law, Money Laundrey Law, Trafficking Law and so on.
Purpose of Criminal Law
To protect the interests of a person or individual (human rights) to protect the interests of a society and a country with a a harmonious balance of an act that is disgraceful/crime on the one hand from acts of violating acts that are detrimental to the other party.
To make people who want to do evil or bad things to be afraid to do those things.
To educate someone who commits an act that violates it so that it does not do it again, and so that it is accepted again in society.
Prevent the occurrence of unhealthy social symptoms or those who commit acts that are violated, and punishment for people who have already done bad things.
Criminal Law Functions
In general
The function of criminal law in general, namely the function of criminal law is the same as the function of other laws in generally due to regulate life in society or organize an order in public.
In particular
The function of the law in particular is to protect a legal interest against acts that violate it with a sanction or punishment in the form of a crime that has been stipulated laws that have been established and which are sharper in nature than other laws or to provide rules to protect those who have harmed..
Principles of Criminal Law
- The principle of legality, namely that no act can be punished except for the strength of the criminal law in the existing Legislation before the act was committed (Article 1 Paragraph (1) Criminal Code). If after the act has been committed there is a change in the Laws and Regulations, then what is used is the rule with the lightest sanction for the accused (Article 1 Paragraph (2) of the Criminal Code)
- The Principle of No Criminal Without Error, Namely to impose a sentence on a person who has committed a crime, must be carried out if there is an element of guilt 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 territory of the State. The Unitary Republic of Indonesia, including Indonesian-flagged ships, Indonesian airplanes, & Indonesian embassy and consul buildings in foreign countries (article 2 Criminal Code).
- The principle of active nationality, which means that the provisions of Indonesian criminal law apply to all Indonesian citizens who commit crimes wherever they are (article 5 of the Criminal Code).
- The principle of passive nationality, which means that the provisions of Indonesian criminal law apply to all criminal acts that are detrimental to the interests of the state (article 4 of the Criminal Code).
Thus the review from About the knowledge.co.id about Sources of Criminal Law ,Hope it is useful.
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