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Wednesday 12 October 2022

The Law

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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