RUANG LINGKUP BERLAKUNYA HUKUM PIDANA MENURUT TEMPAT #IntisariHukumPidana 6

Introduction

This tutorial provides a comprehensive overview of the principles governing the applicability of criminal law according to location, as discussed in the video "RUANG LINGKUP BERLAKUNYA HUKUM PIDANA MENURUT TEMPAT" by Prof. Topo Santoso. Understanding these principles is essential for legal professionals and students to navigate the complexities of criminal law effectively.

Step 1: Understand the Territorial Principle

The territorial principle states that criminal law applies to offenses committed within a country's borders. Key points to consider:

• Definition: Criminal acts occurring entirely within the geographical limits of a state fall under its jurisdiction.
• Example: If a crime occurs in a specific city within a country, that city’s laws will apply.

Step 2: Explore the Active Nationality Principle

The active nationality principle allows a state to exercise jurisdiction over its citizens for crimes committed anywhere in the world. Consider the following:

• Definition: A country can prosecute its citizens for acts committed abroad, regardless of the local laws of the country where the act occurred.
• Application: This principle is often used for serious offenses, such as terrorism or human trafficking.

Step 3: Review the Passive Nationality Principle

The passive nationality principle permits a state to prosecute foreign nationals for crimes committed against its citizens outside its territory. Important aspects include:

• Definition: If a foreign national harms a citizen of a state while abroad, the state has the right to take legal action against the perpetrator.
• Importance: This helps protect citizens and uphold their rights, even when they are outside their home country.

Step 4: Consider the Universal Principle

The universal principle allows any state to prosecute certain crimes, regardless of where they were committed or the nationality of the perpetrators or victims. Key details to note:

• Definition: Crimes such as genocide, war crimes, and crimes against humanity can be prosecuted by any state.
• Reasoning: These offenses are considered so severe that the international community has a vested interest in prosecuting them.

Step 5: Examine the Legal Framework in Indonesian Criminal Code

The video discusses the regulations in both the New and Old Indonesian Penal Codes (KUHP). Key comparisons include:

• New KUHP: Reflects updated principles and aligns with international standards.
• Old KUHP: May contain outdated provisions and reflect historical legal practices.

Practical Tips

• Always refer to the most current legal texts to ensure compliance with current laws.
• Understand the interplay between local laws and international legal standards.
• Stay informed about changes in the legal framework, especially with ongoing reforms.

Conclusion

Understanding the principles of territoriality, active and passive nationality, and universal jurisdiction is crucial for navigating the complexities of criminal law. Familiarizing yourself with these concepts will enhance your grasp of legal practices both domestically and internationally. For further learning, consider exploring specific cases that illustrate these principles in action.