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Principles of Criminal Law Applicable Based on Place and Person

Adam Ilyas
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Principles of Criminal Law Applicable Based on Place and Person

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Principles of Criminal Law
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Legal Literacy – Learn about the principles of criminal law that apply in Indonesia, including the principles of territoriality, personality, protection and universality. This is an important guide in the application of criminal law in Indonesia.

The principles of criminal law are guidelines or legal basis in the application of criminal law in a country. In the application of criminal law in Indonesia, there are three principles that must be considered, namely the principle of territory, the principle of personality, and the principle of protection. These three principles of criminal law are the main guidelines in the application of criminal law in Indonesia. The following will explain the principles of criminal law that apply based on place and person.

1. Territorial Principle

The first principle of criminal law, namely the principle of territoriality, is the principle stipulated in Article 2 of the Criminal Code. Article 2 of the Criminal Code reads “The criminal provisions of the Indonesian Law shall apply to any person who commits a criminal offense in the territory of Indonesia”. Thus, if a person commits a criminal offense in the territory of Indonesia, the applicable criminal provisions are Indonesian criminal provisions.

In the territorial principle, the element that takes precedence is territory. Thus, if a criminal act is committed in the territory of Indonesia, then Indonesian criminal law applies to the perpetrator. An example of the application of the territorial principle in criminal law in the Netherlands is when a person commits a criminal offense in the Netherlands, then the Dutch criminal provisions apply to the perpetrator.

2. Principle of Personality

The principle of personality is a principle that regulates that criminal law follows the person or legal subject. This principle is contained in Article 5 of the Criminal Code. Within certain limits, Indonesian criminal law applies to its citizens who are outside the territory of Indonesia.

The principle of limited personality, the most important thing in this principle is the person or person. In this case, the applicability of criminal law is linked to the person without regard to where the person is located, either inside or outside the territory of Indonesia. Basically, the person attributed is a citizen of the country concerned, in this case an Indonesian citizen.

3. Protection Principle (Passive National Principle)

The principle of protection or passive national principle is a principle that applies based on the protected legal interests of a state that are violated outside its territory. This principle stipulates that criminal law applies to any person who commits a criminal offense outside the territory of Indonesia that harms the legal interests protected by the Indonesian state.

For example, if there is a crime of human trafficking involving Indonesian citizens abroad, then Indonesian criminal law applies to the perpetrators. This principle of protection also covers acts that harm national interests such as insulting state symbols, spreading false information that can cause riots, and spreading information that can endanger state security. 

Nonetheless, the principles of freedom of opinion and speech must still be upheld, while taking into account the limitations set out in the applicable law. As good citizens, we must understand and respect this principle of protection and uphold the values of nationality and state security.

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4. The principle of universality of criminal law

The principle of universality means that criminal law applies to all people, regardless of nationality, place of occurrence, or perpetrator of the crime. This principle aims to maintain justice and equality in law enforcement. In the context of international law, this principle of universality refers to international criminal law applying to all persons, including heads of state and high government officials.

However, in the national context, the principle of universality is embodied in Article 3 of the Criminal Code, which states that Indonesian criminal law applies to any person who commits a criminal offense outside the territory of Indonesia that harms the interests of the state or Indonesian citizens. In other words, if a person commits a crime abroad that harms the interests of Indonesia, then Indonesian criminal law still applies to the perpetrator.

In its application, the principle of universality is particularly important in cases of international crimes such as terrorism, human trafficking, and war crimes. In these cases, international cooperation and the use of universal criminal law become indispensable to punish perpetrators and prevent similar crimes from occurring in the future.

Conclusion

In the Indonesian criminal law system, there are four principles that form the basis for the application of criminal law, namely the principle of territoriality, the principle of personality, the principle of protection, and the principle of universality. These four principles play an important role in maintaining justice, equality and security in society.

In its application, the use of this criminal law principle must be carried out proportionally and in accordance with the context. For example, the principle of personality can be applied in the case of crimes committed by Indonesian citizens abroad, while the territorial principle can be applied in the case of crimes that occur within the territory of Indonesia.

In deciding the application of criminal law, in addition to these principles, it is also necessary to consider the principles of criminal law that protect human rights, such as the principle of legality, the principle of justice, and the human principle. Thus, the application of criminal law is expected to run in accordance with justice and the interests of society at large.

Reference

  • Adami  Chazawi,  2002, Lessons  Criminal  Law  Part  1, RajaGrafindo Persada,  Jakarta.
  • E.Y.Kanter and S.R.Sianturi, 2012, Principles of Criminal Law in Indonesia and its Application, Stori Grafika, Jakarta.

That is the explanation of the Principles of Criminal Law that Apply Based on Place and Person.

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