What Is The Law Archive

Understanding, Purpose, and Function of Criminal Law

The role of law in everyday human life is of course also very important. Where with the law can control and guarantee the behavior and human actions, so as to create peace and tranquility in the life of society and state. On the other hand the role of law also serves to guarantee every human being to get justice and defense before the law. Where in Indonesia there are two types of law, namely civil law and also criminal law.

Understanding of Criminal Law

Before discussing more about the details of criminal law, it is necessary to understand first about what is a criminal law. Of course, some jurists do not have a definite similarity to the definition of criminal law. Criminal law is all the rule of law that determines what action should be imposed and what kind of criminal sanction that corresponds.. While DR. WIRJONO PRODJODIKORO, S. H. also believes that criminal law is a criminal law.

Unlike the case with SATCHID KARTANEGARA: Criminal law is a number of regulations that are part of positive law containing the prohibitions and obligations determined by the state or other powers authorized to determine which criminal, prohibition or imperative rules are accompanied by threats Criminal sanction and when this is breached the state’s right to prosecute, criminalize, and criminalize.

Understanding of criminal law is a rule that regulates various actions done by man, where for those who violate will get sanction or punishment. On the other hand, criminal law is a part of the whole law applicable in a country as a basis for determining which action is prohibited by being accompanied by sanctions for violating it, determining when and in what way to those who violate can be subject to criminal as well as determine how the penalty is done.

The purpose of the Criminal Law

Of course with enacted Criminal Law of course there is a purpose. Where the purpose is to protect the interests of individuals (individuals) or human and community human rights, and the state. In Indonesia (experienced by foreign nations many times) after independence, it is appropriate that Indonesian criminal law (not a criminal law in Indonesia) be drafted and formulated in such a way that all the interests of the state, society and individual as citizens can be safeguarded in equilibrium Which harmonizes on the basis of Pancasila. Thus the objective of Indonesian criminal law is to harmonize all interests in a harmonious manner.

On the other hand based on Prof. Moeljatno, S.H. There are two purposes of Criminal Law namely:
a. Maintain Civil Morality (moral standards of society) based on mistakes.
b. Maintain “Standard Social Utility” in the sense of expediency Criminal law  for  society. This is evident in the development of Criminal Law where subjects of criminal law / perpetrators other than humans, including corporations / legal entities

Meanwhile, according to Prof. Dr. Wirjono projodikoro S. H. Criminal law purposes enacted are:
a. To frighten people into not committing crimes, either scaring the crowds or scaring certain people who have committed crimes, so that they will not commit crimes anymore.
b. To educate or improve people who have marked a crime to be a good person.

Function of Criminal Law

  • In general
    The function of criminal law in general is the function of criminal law is the same with other functions of law in general because to organize life in the community or organize a system in society.
  • Specifically
    Its special legal function is to protect a legal interest against infringing acts with a sanction or punishment in the form of a criminal that has been established a law that has been established and whose nature is more sharp than other laws or to provide rules Order to protect the injured party .

Example of Criminal Law:

  • Who committed the act of murder
    b. Who commits the act of rape
    c. Who do the steal / rob
    d. Those who commit acts of corruption
    e. Who commits acts of penganiyaan
    f. Who commits the act of fraud