Definition of Criminal Law a crime or also known as a crime committed by a person or group of people. If it is processed into legal channels, it is called a criminal offender. Criminal events usually involve two parties, namely the perpetrator and the victim.
The term Criminal comes from the Javanese Hindu language which means punishment, sorrow or sadness, in Dutch is called straf. Convicted means being punished, midwifery means everything that is not good, evil, punishment means punishment.
The rules governing the applicable law itself state that the legal system of a country must be based on the constitution and ideology of a country.
So the Criminal Law as a translation of the Dutch strafrecht language is all the rules that have orders and prohibitions that use sanctions or threats of punishment for those who violate them.
Whereas according to Prof. Moeljatno, S.H Criminal Law is part of the entire law in force in a country. To establish the basics and rules for:
1. Determine which actions should not be carried out and which are prohibited. With threats or sanctions in the form of certain crimes for those who violate the prohibition.
2. Determine when and in what matters to those who have violated the prohibitions. 3. Determine how the imposition of criminal acts can be carried out.
The Establishment The Definition of Criminal Law
Criminal law is not born by itself or in other words criminal law is not born from the norms of the law itself. Criminal law already exists in other norms such as religious norms, customs and decency. The birth of criminal law is to strengthen these norms.
Criminal law in Indonesia itself can generally be divided into two, namely:
1. Material criminal law, namely all provisions and regulations that show about. Which actions are punitive actions.
Who are the people who can be accountable for these actions. Penalties which can be imposed on the person are also called abstract criminal law.
2. Formal criminal law is a number of regulations that contain the ways the state uses its rights. To adjudicate and give verdicts against someone suspected of committing a criminal act.
In other words, the way in which criminal law is abstract must be applied concretely. Usually people refer to this type of criminal law as a criminal procedure law. The following below describes the purpose and function of criminal law:
Purpose Definition of Criminal Law
So that he can be subject to punishment except crazy (mentally ill), underage and other causes.
The purpose of criminal law gives a system in many materials from the law. In principle according to the nature of criminal law as public law. With the main objective of holding criminal law is to protect the interests of society as a collectivist.
From actions that threaten him or even harm him. Whether it comes from individuals or groups of people or to an organization.
These various social interests include peace, tranquility and order in people’s lives. One of the conclusions of the 3rd criminology seminar in 1976 in Semarang, among others.
In a western perspective, life together is based more on ideas such as individualism and liberalism. To provide protection against various kinds of interests of individual citizens from the arbitrariness of the authorities.
Application Concepts For Definition of Criminal Law
Meanwhile, there are also thoughts that combine at the same time the two objectives of criminal law. At the same time implicitly protecting individual interests.
The composition of the function of criminal law is divided into 2 parts, namely:
1. General functions
The general function of criminal law is to regulate community life or organize governance in a society that contains provisions of criminal law.
Provisions apply to all fields of criminal law, both those contained in the Criminal Code and outside the Criminal Code, unless otherwise specified.
Regulate the provisions regarding the limits of the entry into force of the Criminal Code, criminal matters which eliminate, reduce or burden criminal, trial, inclusion, expiration and so on. Article 103 is a closing rule that regulates the possibility of making other criminal laws outside the Criminal Code.
Special Functions Definition of Criminal Law
2. Special Functions
Protect the legal interests of actions that want to rape them with criminal sanctions. With a character sharper when compared to criminal sanctions contained in other branches of law. The legal interests that must be protected are of three kinds, namely:
– Individual legal interests (individuele belangen) such as legal interests in the right to life or life, legal interests of the body, legal interests in property rights, legal interests in respect of dignity and good name, legal interests in morality, etc.
-The interests of the legal community (sociale of maatschappelijke belangen), for example, the legal interests of security and public order, traffic order on the highway and so on.
-The interests of the state law (staatsbelangen), for example, the legal interests of state security and safety, legal interests of friendly countries, the legal interests of the dignity of the head of state and his representatives.
Contains punishments and criminal threats. Regulated in Book II (crime) and Book III (Violation) of the Criminal Code. Sanctions for criminal law have a preventive or preventive effect on the occurrence of violations of legal norms Theorie des psychischen Zwanges / Psychic Forced Teaching.