Definition of Indonesian Criminal Law

There are various kinds of law in Indonesia itself depending on the basis of the division...

constitutional law

The Experts' Guide to Understanding Constitutional Law...

International law

Acquiring knowledge of international law

Civil Law Definition

Law is a device or code of conduct. Civil law governs all matters relating to people and legal bodies, including rights, property, and anything else. The rules that govern a person's duties and rights in society are known as civil law.

The Law : Understanding Human Rights (HAM)

It is our responsibility as God's creatures to uphold and protect humankind's ability to live in peace and prosperity. This must be done to preserve environmental harmony and to improve the prosperity and decency of human life. As a result, every human being is born with some fundamental rights.

Rabu, 12 Oktober 2022

Guidelines for HTN

 Guidelines for HTN

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Hukum tata negara didirikan di atas sejumlah prinsip, antara lain sebagai berikut, untuk mengatur kehidupan dan urusan banyak orang:


sila pertama pancasila

Kekuasaan hukum yang paling penting dalam hal ini adalah Pancasila. Padahal Pancasila harus ditaati dalam susunan konstitusi yang sebenarnya. Nilai-nilai dalam kerangka umum berikut didasarkan pada lima perintah.

• Prinsip Ketuhanan Yang Maha Esa.

• Prinsip Kemanusiaan.

• Prinsip yang berhubungan dengan kebangsaan

• Asas Kedaulatan Rakyat.

• Prinsip panduan keadilan

Di Indonesia, desain HTN harus memperhatikan kelima hal tersebut.

2. The People's Sovereignty Principle

In theory, the people hold the greatest domestic power, but in reality, the MPR stands in for them. The MPR itself assigns tasks to the entities it oversees, all of which are obligated to adhere to this legislative requirement.

3. the rule of law premise.

Every nation must uphold the law in order to ensure that justice is served to all. In order to ensure the wellbeing of all tiers and circles of the nation, representatives of the people must be terrified and fulfill their mandate effectively.

4. The Power-Sharing Principle

The division of powers encourages the representatives of the people to work with greater focus so that objectives can be reached more rapidly. For instance, Indonesia has three primary branches of government: the executive, executive, and judiciary. Everyone is responsible for their own tasks and obligations.

5. The Unitary State Principle

Finally, this idea is applied to the 1945 Constitution's rules to bring many people together in pursuit of a common objective. This final rule of law-making is crucial in fostering the integrity and cohesion of the entire Indonesian populace.

These five guiding principles served as the foundation for the creation of HTN and explain why national policies vary from one another. Pancasila is the country of Indonesia's ideology, and the 1945 Constitution's detailed exposition of rules follows.


Various Examples of Constitutional Law in Practice

We will give an example of HTN; however, the examples that follow are entirely fictitious. At least the case illustration is helpful to you.

First, we show that there is a regent for region X who was elected but later discovered to be a foreign national. The fact that the elected regent or his opponent was a foreigner made the unelected opponent feel unpopular.

Finally, the losing party informed the Constitutional Court of the elected regent's citizenship. The Court's investigation was still ongoing when the elected regent's seat was finally suspended.

Additional instances of constitutional law are outlined in the following cases:

At one of Indonesia's international airports, a foreigner carrying kilograms of marijuana was discovered. He was judged to be guilty after the investigation, and he might spend up to 20 years in prison.

However, while the trial went on, the defendant received a pardon, changing the original punishment to 15 years. However, once an appeal was filed, the term was ultimately enhanced once more to 5 years, meaning that the original 20-year sentence remained in effect.

Shortly after, the suspect begged the president for mercy, claiming that he was depressed and that his life was in danger behind bars. Two years after the request was made, the President ultimately accepted it, and the suspect was released and sent back to his place of origin.

HTN fits that description rather well, especially in Indonesia. The state is a big organization, thus managing it involves having clear rules that all apparatus from different levels and sections of the state must abide by.

HTN appears to be used everywhere in the world; only the pronunciation varies. However, constitutional law has a single goal in mind, namely to improve the organization and direction of a nation.

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The goal of creating a constitutional law

 The goal of creating a constitutional law

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The state is a sizable institution that houses both the government and the populace. A power that controls how a nation runs exists between the two. The creation of HTN is likewise not arbitrary; rather, it is based on a number of different constitutional law goals, including:


1. Following the amending process, incorporates the varied meanings of the 1945 Constitution.

2. Help all Indonesians comprehend and be aware of their responsibilities under the 1945 Constitution with relation to their rights as HTN subjects.

3. Help newcomers grasp the range of information relevant to a country's proper constitutional law by explaining it to them.

4. Spread awareness of the theory and use of HTN in Indonesia among all Indonesians.

5. Back numerous HTN-related scientific investigations that could be developed over time.


The perfect implementation of a draft regulation always results in a tidy implementation of state administration. KKN won't happen and the budget will be completed on schedule if all parties can uphold their end of the bargain.

When a number of laws are correctly applied and understood by the parties involved, there won't be any more protesters yelling injustice. Respecting the laws would bring peace to the entire world as well as the nation.

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constitutional law

The Experts' Guide to Understanding Constitutional Law

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Constitutional law can be characterized as a rule that affects a state's varied actions. Such a system exists in other nations than Indonesia, one of which is known as constitutional law in English.

In the meantime, it is known as staatsrecht in the Netherlands. Although the three are distinct in terms of mention, by definition they are the same and provide essentially the same function. There are various meanings of experts, even though they can all be used in the same way.

For a more thorough explanation, we will compile definitions from a number of specialists in different nations. Although you may have heard it in school, it never hurts to be reminded through the legal analysis of a nation that follows.

Understanding of Constitutional Law from Several World Experts

You can listen to some of the following experts to have a deeper understanding of the content of constitutional law:

1. Scholten
The definition of HTN, in Scholten's opinion, is a law that governs businesses within a nation. All state organs, their rights and obligations, relationships, and the tasks that each performs in carrying out its functions make up the scope.

2. Wade and Phillips
The definition is a regulation that is affixed to state property. The guidelines also address the responsibilities and interactions of the auxiliary apparatus of the state. A 1936 book named "Constitutional Law" provides a summary of this knowledge.

3. Kusmandi Pudjosewojo
He is familiar with the regulations governing the running of the kingdom and the government because he is a domestic figure. The law clearly demonstrates a hierarchy or level with leaders and subordinates.

Furthermore, Kusmandi's concept of constitutional law includes a reference to the community's judicial system. The community's equipment will be displayed later.

4. Mac Iver 
By defining the state as an organization, Mac Iver sets it apart from society. He defines the HTN in terms of community organizational affairs.

5. Van der Von
Van der Von further describes it as the regulations that different bodies adopt based on their individual interests. These regulations deal with power, relationships between organizations and people, and governance in a nation.

6. Apeldoorn

The argument made in Apeldoorn's opinion is that a nation's legal system consists of regulations pertaining to its government's management. There are two possible interpretations of the meaning.

Other professionals also offer their opinions in the definition of HTN. Before comprehending the next section, you can utilize some of the aforementioned information as a scientific reference and provide context.
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Sabtu, 08 Oktober 2022

Indonesian Criminal Law's Duties and Functions

 

criminal law

Function of law

Vos contends that the purpose of criminal law is to combat deviant behavior. According to Hart, the purpose of criminal law is to uphold order and public morality, protect citizens from what is deemed immoral or harmful, and offer protection against being exploited by others, particularly for those who are weak due to their youth, physical infirmity, mental incapacity, or lack of experience. (Eddy O.S Hiariej, 2016: 34).

Hiariej divides the purposes of criminal law into two categories: general purposes and particular purposes. The basic goal of criminal law is to uphold the rule of law. Additionally to safeguarding legal interests, the unique purpose of criminal law also gives the state legitimacy to perform the duty of safeguarding legal interests. With regard to the unique purposes of criminal law, which include protecting not only the rights of people but also the interests of the society and the state. (Eddy O.S Hiariej, 2016: 35).

Criminal law serves two purposes. The primary purpose is to prevent crimes rationally (as part of criminal politics), and the secondary purpose is to regulate social control, whether it be created by the state or carried out spontaneously. The job of criminal law is to police the police in this second duty, protecting citizens from intrusion by the state and its potential misuse of crime as a tool. (Erdianto, 2014: 36).

What the Criminal Law Is For

According to Erdianto, the goal of criminal law is to safeguard the interests of people or human rights as well as the interests of the community and the state in a way that strikes a harmonious balance between the two. This is done by protecting both from crimes and dishonorable acts as well as from the arbitrary actions of authorities. Criminal law thus safeguards not only the individual but also the state, society, and private property. (Erdianto, 2014: 33).

In the meantime, Wirjono Prodjodikoro asserts that the goals of criminal law are as follows:

either to fear a large number of people or to frighten specific people who have committed crimes not to commit them again.

to transform those who have shown a propensity for evil into morally upright individuals who will benefit society as a whole. (Erdianto, 2014: 35).

Remelink contends that the goal of criminal law is to safeguard the judicial system and the legal community. (Erdianto, 2014: 35).

Objectives of classical and contemporary criminal law

Classical criminal law's objectives

The three pillars of traditional criminal law flow support it. The first is the legality principle, which holds that no crime, no criminal act, and no prosecution are possible in the absence of the law.

The second is the notion of culpability, which holds that only crimes done wilfully or unintentionally are punishable by law.

The third and last concept of retribution is the secular principle, which states that concrete penalties should be meted out in proportion to the gravity of the offense rather than with the goal of producing a positive outcome. (Eddy O.S Hiariej, 2016: 29).

The Goals of Current Criminal Law

The current flow of criminal law seeks to safeguard society against crime, as opposed to the classical flow, which tries to defend individual interests from arbitrariness.

The protection of society is the highest law, according to the postulate le salut dupeopleestlasupremeloi, which is supported by this objective. Modern schools are also known as "positive schools" because they use natural scientific approaches to investigate the causes of crime with the goal of positively influencing criminals to the extent that this is possible.

The modern school demands criminal legislation that is directed towards the perpetrator, or dader-strafrecht, in contrast to the classical school's requirement for criminal law for acts, or daad-strafrecht. Three points form the basis of how criminal law is currently applied. combating crime is first. Second, take note of related fields of study. Third, final remedy. (Eddy O.S Hiariej, 2016: 31).

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Definition of Indonesian Criminal Law

criminal law


Definition 

There are various kinds of law in Indonesia itself depending on the basis of the division.

But in general, Indonesian law can be divided into two categories: public law and private law.

Public law is the legal framework that governs how each individual interacts with the state. This comprehensive law is applicable to all citizens.

Private law is the contrary, though. This law governs how people interact with one another and takes individual preferences into account.

Most legal experts agree that because it governs how citizens, society, and the state interact, criminal law is a sort of legislation that belongs in public law.

However, there are still laws governing private criminal law that, in this instance, the state cannot immediately pursue without a request from the harmed party.

There are many professionals with opinions on criminal law.

Prior to this, you should be aware that the definition of law in general has not yet reached a threshold of comprehension.

Law has many facets, making it impossible to define from just one angle.

Nevertheless, there are several restrictions that, in the case of criminal law, can define the law.

Derkje Hazewinkel-Suringa, a Dutch author, claims that there are a number of restrictions that can define criminal law, including:

1. There exist directives and prohibitions, and certain governmental institutions have established the prospect of consequences in the event that they are broken.

2. There are regulations that specify the actions the state may take against persons who disobey these regulations.

3. Its scope is governed by laws that apply to a particular country's territory at a specific moment.


Understanding Criminal Law from Professionals

Formed by lawmakers, W.L.G. Lemaire defined criminal law as a set of norms with imperatives and prohibitions that have a penalty in the shape of punishment in the form of particular suffering.

Mezger provides a clearer definition of criminal law, stating that it is a set of laws that impose penalties for certain acts that fall under specific conditions.

Moeljatno stated it very plainly in his writings, stating that criminal law can be viewed as a component of the general legal system that governs a nation, as well as all the fundamental laws and rules pertaining to what is and is not permitted, as well as prohibitions and criminal penalties for violators.

In addition, the rules specify when and under what circumstances violators may face penalties as well as how criminal fines may be imposed.

In light of the aforementioned definitions and the summary of the criminal code,

"Specifically, the law that governs the community's instructions and restrictions in their civic activities imposed by recognized official institutions and imposes severe penalties on those who break them."


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