Definition of special criminal law – In a national system in order for the country to have a sense of security and comfort for its citizens and of course for those who disturb security or criminal behavior that causes anxiety, then criminal law will be applied to the perpetrators.
In criminal law we will also get to know more about the specific criminal law that will process the law for serious criminal acts.
Special criminal law is a type of criminal problems whose legal arrangements are outside the Criminal Code (KUHP) which is a codified law book, has specific characteristics & handling of problems & specifications, both based on the estimated rules that are in force, the rules of procedure, the law enforcer, also the official defendant’s defender who deals with it.
Initially, specific criminal acts were known as specific criminal rules, then changed as specific criminal rules. Some of the crimes that are based on specific crimes are economic crimes, psychotropic crimes, narcotic crimes, etc.
Some of the criminal acts were categorized into specific criminal acts because the criminal acts required a more comprehensive arrangement & not just accepting the summary of the criminal acts.
Well, after briefly knowing what special criminal law is, then in this discussion we will discuss further about special criminal law that can be an additional insight for all Reader friends at home.
Further discussion on specific criminal law you can see below!
Definition of Criminal Law
Criminal Law or Criminal Law (Dutch: Strafrecht) is holistic according to the rules that choose what actions cannot & are included in criminal acts, and choose what sanctions can be imposed on those who commit them.
Thus, the criminal law is not a custom of its own rule, but has been located in another custom & criminal punishment. It is held to strengthen the obedience of the other habits, for example the habits of trust & morality.
Before knowing the meaning of specific criminal law, it is good for you to also listen to some definitions of criminal law according to the experts. Based on the data & coverage we collected, there are 13 experts who give their opinion on the understanding of criminal law.
Come on, let’s take a look one by one.
1. Pompey
The understanding of criminal law is a holistic estimate of the provisions of the law about acts that can be executed & the criminal estimate.
2. Apeldoorn
The understanding of criminal law is divided into two meanings, namely the material criminal law that chooses in the criminal act that the criminal act has 2 parts, namely the objective part and the subjective part. And the formal criminal rules that govern how the material criminal rules are enforced.
3. Filter Hazewinkel
The understanding of criminal law is divided in the objective sense (ius poenali) which includes orders & embargoes whose violation is threatened with the use of criminal punishment by the entitled body, the provisions that regulate the efforts that can be used, if the custom is violated, which is called penitentiary & subjective law (ius puniendi) which is the right of the state from the rules to demand violations of the law & to impose and execute criminal charges.
4. Moeljatno
The understanding of criminal law is part of the holistic rules that apply to a country, which establishes the basic principles of the budget
(a) choose which acts are not allowed to be done, which are not allowed, which are accompanied by threats or punishments in the form of an exclusive penalty for anyone who violates the embargo,
(b) choose when & on what matters those who have violated the embargoes can be charged or sentenced to punishment as has been threatened.
(c) choose to use the method of how the imposition of the penalty can be implemented if there are people who are suspected of having violated the embargo.
5. Satochid Kartanegara
The understanding of criminal law can be examined from several angles, namely: the understanding of criminal law in an objective sense, that is, a number of regulations that contain embargoes or obligations against violators are threatened with sanctions.
And the understanding of criminal law in a subjective sense is a number of rules that regulate the state’s right to punish a person who commits an illegal act.
6. Sudarto
The understanding of criminal law that criminal law can be viewed as a system of negative sanctions, it is applied when other vehicles are not sufficient, then criminal law is said to have a subsidiary function.
Crime includes any action (maatreag) however it is a suffering, something that the other person who is subjected to it feels is not delicious, the reason for the fact & purpose of the crime & punishment, to justify the crime.
7. Simmons
Criminal Law is all the orders and embargoes held by the state and which are threatened with a penalty for anyone who does not obey them. And it is all budgets influenced by the country that contain the conditions for carrying out the crime.
8. Van Hattum
Criminal Law is a holistic according to the principles & regulations that are followed & set by a country or a citizen of other generic rules, where they are the custodians according to the order of the generic rules that prohibit the doing of actions that violate the rules & have linked violation of its rules using a specific suffering in the form of a criminal offense.
9. Mezger
Criminal law is the entire set of rules (die jenige rechtnormen) that choose / connect a criminal to the effect of the rules (recht folge) on an act.
10. WLG Lemaire
The criminal law is composed according to customs that contain requirements and embargoes that (the law maker) has been associated with using a punishment in the form of sanctions, that is, a specific type of suffering.
Understanding Special Criminal Law according to experts
Only 2 members gave their opinion. But it seems to represent someone else.
1. In relation to Sudarto’s opinion, the specific criminal law is:
- a) Criminal law regulations in the true sense are laws whose purpose is to regulate rights to provide guarantees of law and order by the state.
- b) Provisions of criminal law in separate laws, Provisions that are solely intended to criminalize regulations in a field outside of criminal law.
2. Prof. Pompey
Pompe refers to certain factors and certain objects. The purpose here is to:
Special offenders mean that not everyone can commit a crime. Special subject means that regulated acts are acts that are not regulated in general criminal law but in specific criminal law.
Scope of Specific Criminal Law
As a special law, the legal basis and its validity can deviate from the general provisions of the first book of the Criminal Code, and the specific criminal law provisions of procedural law (formal law) can also deviate from the Criminal Code. Special criminal laws and regulations are legal regulations that regulate special situations outside of criminal law.
Therefore, the starting point of the decision comes from the act organized by the perpetrator of the crime, sentencing and sentencing itself, in the case of specific legal offenses can be extended not only to individuals but also to legal entities. Meanwhile, seen from the issue of sentencing, the order of words and the pattern of threats of sanctions deviate from the provisions of the criminal law. While the contents of special criminal law include three things, namely criminal responsibility and criminal and sentencing.
Difference between general crime and specific crime:
General criminal acts are acts of a general nature that are regulated in the Criminal Code whose legal sources are summarized in the Criminal Code as a source of material law and in the Criminal Code as a source of formal law. In addition, the legal system is still traditional, namely the police as investigators and investigators, the prosecution as public prosecutors and judges as general judges, not ad hoc courts.
Examples of common crimes are the crime of murder article 338 of the Criminal Code, the crime of theft article 362 of the Criminal Code. Whereas certain criminal acts are criminal acts whose legal regulations are regulated separately, meaning that the law in question covers substantive criminal law and criminal procedural law (formal criminal law).
Some of the crimes covered in the special criminal law, namely:
- economic crime,
- drug crime,
- crime of corruption,
- tax crime,
- customs violation,
- money laundering crime,
- Information Crime and Electronic Transactions (ITE),
- Pornographic Crimes and Terrorist Crimes.
Some of these criminal acts are classified as special criminal acts because they require broader arrangements.
The background of the birth of special criminal law
Special criminal law was created as a response to legal needs and to balance the rapidly changing society. The emergence of many specific laws about crimes such as the Penal Code (KUHP) cannot be avoided.
Criminal law expert Muladi says that this is due to the increasing development of various types of specific crimes, such as corruption, terrorism, drugs, and others, which also need to be specifically eradicated.
It is not uncommon for these special methods to deviate from the principles of general criminal law. Andi Hamzah agrees with this opinion. According to him, the reasons for the need for special criminal law are:
- If social change occurs, then there must also be legal regulations accompanied by criminal sanctions;
- Modern life is becoming more complex, so that in addition to the provisions of the old law (KUHP), temporary criminal regulations are also needed;
- The law of civil government, the state, especially the state government, needs to be linked to criminal sanctions so that these provisions can be respected. For example, trade, industry, fishing and other regulations.
Examples of Specific Criminal Law Forms
Initially, special criminal acts were called special criminal law. This term was later replaced by the Specific Crimes Act. What does he understand?
Examples of specific crimes are part of the criminal law. This law is outside the general criminal law that applies to certain people or actions and contains specific provisions for criminal events. Some specific crimes are regulated by separate laws other than the Criminal Code, namely:
1. Crime of Corruption/Bribery
Corruption or bribery is an act against the law by enriching oneself or others, harming the economy and the finances of the State. Eradication of criminal acts of corruption is regulated in Law No. 20 of 2001. While corruption is regulated in Law No. 31 of 1999.
Legitimate subjects of corruption can be companies and officials. Corruption is financial dishonesty and corruption. Normatively, corruption is a specific crime that can damage the order of the nation’s life.
2. Criminal act of money laundering
Money laundering is considered a new crime in the Indonesian criminal law system. This crime not only threatens the integrity of the financial system and economic stability, but also endangers the joints of community life. The prevention and eradication of the crime of money laundering is regulated in Law No. August 2010. The elements of this crime include elements of perpetrators, illegal acts, and elements of crime.
3. The crime of terrorism
Terrorism is an activity with an element of violence or other activities that violate criminal law and cause adverse consequences for the life of the community. Terrorism is an activity that threatens civilians through kidnapping or murder. This specific crime is regulated by UU No. 15 of 2003.
4. Psychotropic crime
Psychotropics are drugs or non-narcotic substances, both natural and synthetic, that have psychoactive effects. These drugs can affect the central nervous system, causing changes in the user’s behavior and mental function.
The law that regulates the criminal act of drug consumption is UU No. May 1997 (Psychiatry Act). Commonly abused psychotropics in the community include ecstasy, shabu, amphetamines, dumolide tranquilizers, lexotan, mogadon, coplo drugs, LSD, and mushrooms. 5. Drug Crime
The legal use of drugs is only possible for the benefit of medicine or science. While illegal use can cause the user to commit a narcotic crime regulated in Law No. 35 of 2009 related to drugs. Examples of substances that are often abused are marijuana, gorilla, morphine, heroin, pethidine, cocaine, and shabu.
5. Computer crime and electronic transactions
Information crimes and electronic transactions (ITE) are relatively new in Indonesia. This crime is regulated in UU No. November 2008 at ITE. The legal subject of this law can be a legal entity or an individual. The electronic transaction referred to here is a legal act carried out by using computer networks, computers and other electronic means.
6. The crime of pornography
Pornography is a crime that has the potential to damage the standards of social decency. Law No. 44 of 2008 regulates the crime of pornography. The subject of pornography law can be a company or an individual.
There are other specific crimes covered by the law, such as customs violations, tax violations, illegal logging, maritime violations, and others. The subject of this specific crime can be a company or an individual. Need help with Legal Services please contact us.
Conclusion
This is a short discussion about the definition of specific criminal law. The discussion this time not only discusses the definition of specific criminal law but also discusses in more detail what the definition of a criminal act is and how the punishment is awarded, knowing about the scope of specific criminal acts covering any criminal act, and knowing about examples from various cases that are included in specific criminal acts that Reader friends can learn well, especially law students who want to learn about the systematics of law in Indonesia.
Understanding the meaning of specific criminal law gives us additional knowledge about the various legal processes that apply in the country of Indonesia so that the general public can know it well and not become the legal perpetrator of the criminal act.
Such is the commentary on the understanding of specific criminal law For Reader who want to learn all about the understanding of specific criminal law. And knowledge related to other laws, you can visit Sinaumedia.com to get related articles.