Legal Literacy - This article discusses the concept of complicity in criminal acts (deelneming) in criminal law, which involves the roles of the principal perpetrator (pleger) and the accomplice (medepleger), and how both can be given the same criminal sanctions. In addition, this article explores the death penalty in the Criminal Code (KUHP) of Indonesia, forms of complicity in criminal acts, and a case example of premeditated murder involving both roles, complete with an analysis of the panel of judges' considerations in imposing the sentence.
In the concept of criminal participation (deelneming), some play the role of principal (pleger) and some play the role of co-perpetrator (medepleger). If they pleger and medepleger have equal ideas and roles in a criminal act, then both have the potential to be given the same and equivalent criminal sanctions.
The Death Penalty in the Criminal Code.
As is known in various literature, sanctions in criminal law are the most severe sanctions, because they contain suffering/misery so that their imposition must be carried out carefully and strived for as a last resort for resolving a legal problem (the concept of ultimum remedium). Criminal sanctions emphasize the element of retribution (reward), in the form of suffering imposed on the perpetrator of a crime. It is hoped that the perpetrator of the crime will be deterred and will not repeat his actions and protect the public from harmful threats.
The death penalty is one type of criminal sanction that applies in Indonesia. Based on the provisions of Article 10 of the Criminal Code (KUHP), the types of criminal sanctions that apply in Indonesia are principal penalties consisting of the death penalty, imprisonment, confinement, fines, and tutupan (corrective detention). Meanwhile, additional penalties consist of revocation of certain rights, confiscation of certain goods, and announcement of the judge's decision. The essence of the death penalty itself is punishment carried out by the state in the form of taking the life of a criminal who has been found guilty by a court decision that has permanent legal force.
Several countries in the world, including Indonesia, still apply the death penalty, which is the most severe punishment. In fact, the death penalty still causes pros and cons in society. Those who support the death penalty have the basis of argument of a deterrent effect, while those who oppose the death penalty consider the punishment to be a violation of Human Rights (HAM). Therefore, until now, the death penalty has also sometimes become a political issue that crosses national borders.
Forms of Complicity in Criminal Acts.
The concept or form of complicity can be seen in the provisions of Article 55 of the Criminal Code. The panel of judges presiding over a criminal case will consider and determine the verdict of criminal punishment according to the role of each perpetrator of the crime. The wording or content of the Article is as follows:
(1) The following shall be punished as perpetrators of a criminal act:
- those who commit, order to commit, and participate in committing the act;
- those who, by giving or promising something by abusing power or dignity, by violence, threats or deception, or by providing opportunities, means or information, intentionally encourage others to commit an act.
(2) Against the instigator, only the actions that are intentionally encouraged shall be taken into account, along with their consequences..
If we examine the provisions in Article 55 of the Criminal Code, the forms of complicity can essentially be described as follows:
- Perpetrator, is the main perpetrator, fulfills all the elements of the offense and is considered the most responsible for the crime that has occurred.
- Principal, is the person who orders the act to be carried out. Someone orders another person to commit a criminal act.
- Accomplice, is a person who intentionally or consciously participates in committing or carrying out a criminal act which, of course, is prohibited by law. Accomplice enters into an agreement with the main perpetrator (perpetrator) to commit a criminal act and together he also participates in the execution of the criminal act.
Comments (0)
Write a comment