0 Criminal Law

Criminal law, as one of the independent part of public law is an instrument of the most pressing legal existence from time immemorial. this law is very important in assessing the existence of ensuring public safety from the threat of crime, maintaining the countrys stability and ( even ) a moral whose role is to rehabilitate the criminal offender. this law continues to evolve in accordance with the existing offenses in every age.

A. Understanding criminal law

Criminal law as the law governing the conduct proscribed by the act and result in the application of penalties for those who do it and meet the elements of the acts mentioned in the criminal code. such actions are prohibited in the book of the law of criminal law, corruption act, human rights act and so on. criminal law is the law that governs what actions are prohibited and providing penalties for those who break them. prohibited acts in criminal law is :

• murder
• theft
• fraud
• robbery
• persecution
• rape
• corruption

While dr mabruk abdullah an-najar in the book introduction to law explores the definition of the criminal code as a set of rules that define criminal law is prohibited by law, the punishment for those who do it, the procedures that must be passed by the defendant and the court, and the penalties imposed on the defendant.
criminal law is part of all law in force in a state, which entered the fundamentals and rules for :

• determine where the act that should not be done, which is prohibited, with the threat of criminal sanctions in the form of specific or for those who violate the ban.
• determine when and in what way to those who have violated prohibitions or restrictions that may be punished as he had threatened.
• determine how the sentencing may be implemented if a person suspected of violating the ban.
according sudarto, criminal understand the suffering itself is given by the state to a person who violates the provisions of the act ( criminal law ), deliberately in order to be regarded as an affliction.

B. The purpose of criminal law

concrete goals of criminal law there is two, that is :

• to scare everyone to not do good deeds.
• to educate people the have never done a good deed is not good and acceptable back in the life environment
the purpose of criminal law actually implies the prevention of unhealthy social phenomenon in addition to treatment for those who are not doing so well. so the criminal code, the regulations that govern and restrict human behavior in violation negates the public interest. but if in this life there are people who act nice sometimes environmentally damaging another human life, in fact as a result of individual morality. and to determine the cause of an action that is not good ( criminal breach ), then studied by criminology.
in criminology that will be examined is why until someone does a specific action that is not in accordance with the requirements of social life. in addition, there is help other criminalistics, science psychology. so, criminology as a science that helps criminal law duty to learn the cause of someone committing a crime, what is motivation, how come and what actions can be taken to negate the deed.

C. Classification of criminal law

Ius poenalle substantial or criminal law
objective in the sense that a number of regulations containing prohibitions or requirements that the perpetrator be punished. the criminal law are divided be two main branch, that is :

• substantive law is a branch of the criminal code defines criminal acts that are prohibited by the act, and establish penalties for those the do. branch which is part of public law has been linked with other branches of the criminal law, criminal procedure law as science, criminology, and so on.
• formal laws ( criminal proceedings ) for the enforcement of substantive law, procedural law required. procedural law is a provision of law that governs how the ( material ) realized or can be applied / implemented to meet the subject of his actions. without procedural law then there is no substantive legal benefits. to enforce the provisions of criminal law required criminal law, civil law with civil law there. this event should be controlled by the law of legal practitioners, police, prosecutors, lawyers, judges.

Of dr. mansur said ismail in the book criminal describes the criminal code definition of a set of rules that govern criminal defendant-start the implementation of criminal law since the time of repair, the legal rights and obligations associated with the growth of both the costs associated with criminal and civil procedure allegations that the defendant derived from criminal defendants, and also implementation of justice. from are here, it is clear that the the substance code of criminal procedure includes :

• criminal defendants, criminal law since the days until the end of the various levels.
• civil indictment, which often occurs due to a crime and that the defendant was appointed as an instance of a criminal defendant.
• implementation of the judiciary, which require judicial intervention.

And on this basis, the criminal procedure code, in accordance with the interests of the implementation of the objectives, categorized as a branch of the general laws, as most of the global nature of organized criminal defendants and those relating to the interests of the state in ensuring the efficiency of the penal code. therefore, the civil procedure act addressed the problem of the relatively complicated and complex, must ensure alignment between the publics right to punish a criminal, and the criminal offender rights to liberty and security of a good name, and if possible, following the defense. to realize this goal, the experts agreed that the criminal code should really make sure both parties and victim-offender criminal.
criminal law in the sense of subjective in a sense, the so-called ius puniendi, ie a number of rules governing the right of the state to punish someone who commits a prohibited act.

D. Scope of criminal law
criminal law has a scope is what is called a criminal act or offense or criminal offense. according to simons criminal incidents of wrongdoing and contrary to law and punished people who can be responsible. so the elements of criminal incidents, namely :.
• attitude of human action or behaved
. breaking the law, unless there is a justification, based on the error, unless there is a fundamental error elimination.

Story that attitude punished / penalized is

- human behavior ; when a lion kills the cubs can not be punished
- occurs in situations, where the attitude of tort,
for example, kids who play ball led to the outbreak of the greenhouse.
- perpetrators must know or deserve to know the act is a violation of law ; with the outbreak of the glass house of course known that doing so would cause harm to others.
- there is no mental aberrations that affect attitudes nil. the action was a smashing healthy people and not mentally handicapped. judging from the formulation, criminal incidents / crimes can be divided into :

• official glare, formulations suppress this offense is the attitude or actions prohibited without consequences formulate behaved.
• glare materials, formulations suppress the violation is the result of an action or attitude behaved.
for example, article 359 of the criminal code :
in criminal law there is a saying : nullum delictum poenali nulla poena sine previa is lege, who meant that the no action can convicted without any rules governing the action like as never before. provision of called the principle of legality.
Criminal law applies to any person who committed a criminal act in accordance scope of application of the principles of law books criminal law. scope of application of the principles of criminal law, are :

 Territorial principle ( teritorialitets beginsel )
2. active nationality principle ( actief nationaliteitsbeginsel )
3. passive nationality principle ( pasief nationaliteitsbeginsel )

E. system punishment
system of penalties provided in article 10 of the basic and additional crime, stating that the sentence may be imposed on the criminal consist of :

a. capital punishment ( hoofd straffen ).
. capital punishment
2. imprisonment
3. confinement
4. fined
b. additional penalties ( bijkomende staffen )
. revocation of some specific rights
2. seizure of certain goods
3. judges decision.