The criminal law is a part of the whole applicable law of a country, which holds the foundations and rules for (a). Determine which action should not be done, which is prohibited, by threat or sanction in the form of certain criminals for anyone who violates the prohibition, (b). Defines when and in what cases those who have violated the prohibition that may be subject to Sentence or have been sentenced are threatened, (c). Determine in what manner a criminal imposition may be implemented if any person is suspected of violating the prohibition. When we talk about criminal law, then we must know what the science of criminal law. The knowledge of criminal law is the science or knowledge of a particular part of the law, namely the criminal law. The object of this science is the rule of criminal law applicable in a country, for our criminal law of Indonesia. Criminal law is called positive law. The goal is to investigate an objective understanding of positive criminal law. Investigation through three stages, namely (a). Interpretation, (b). Construction, (c). Systematic.
In addition to the science of criminal law, which can actually be called criminal law science, there is also a crime itself called the science of criminology. The object of criminology is the person who committed the crime (criminals) itself. And the goal is to get him to understand what caused it to commit a crime. Criminology is divided into three parts, namely (a). Criminal biology, which investigates oneself is the cause of action, both physically and spiritually., (B). Criminal Sociology, trying to find the cause in the society where the criminal was., (C). Criminal policy, ie what action should be done so that if others do not do it. B. Discussion. Before we discuss this paper, which is entitled to a criminal section in criminal offenses and offenses, we must know what is criminal, criminal law, crime and offense. Criminal law is a law relating to crime and violation of public interest and is responsible for criminal acts which is a pain. (According to Sudarsono). The criminal law is part of the entire law applicable in the state that contains the rules to determine the order and prohibits the threat of punishment for those who break it. (According to Moeljanto). The Criminal Law is a collection of rules containing orders and prohibitions as well as threats of punishment or punishment for those who violate them.
According to Samijo. Crime is a criminal offense that the punishment of serious threats can be punishable by fines, imprisonment and death penalty, and sometimes coupled with the confiscation of certain goods, the deprivation of certain rights and the announcement of the verdict. Evil is sadness or suffering or an unpleasant state physically and psychologically, or soul. Violation is a minor criminal offense, fine or imprisonment. The specialty of criminal law lies in the force of coercion in the form of punishment that the law is obeyed by every individual as the subject of law. Thus, the Criminal Law is a law relating to crime and violation of the public interest. Such actions (violations and crimes) may be subject to punishment or torture for that question. Criminal acts are in accordance with our Criminal Code system that is divided for crime (misdrijiven) and offtreding. According to the division of MVT (Smidt and so on) of both types it is based on the principle difference. It is said that the crime is "rechtsdeliten", an act which, although not specified in law, as a criminal act, is regarded as onrecht, as an act contrary to the rule of law. The opposite offense is "wetsdeliktern", ie the action against the nature of the new law can be known only after determining there is a very wet. The term criminals comes from the word "evil", which means not very good, very bad, very ugly, which hangs in the fight against nature and human behavior. Evil is evil or evil. Criminal acts are in accordance with the system of the Criminal Code for crimes (misdrijven) and violations (overtredingen) in which the Book II of the Criminal Code (Article 104 of the Criminal Code - Article 488 of the Criminal Code) regulates crimes and Book III III of the Criminal Code (Article 489 KUHP-Article 569 of the Criminal Code) governs violations. There are two perspectives in distinguishing between crime and offense, namely the first view to see the difference between crime and violation of qualitative differences. Given the qualitative distinction between crime and offense which says that the crime is "rechtsdeliten", an act which, although not mentioned in law, as a criminal offense, is regarded as onrecht, as an act contrary to legal procedure. The opposite offense is "wetsdeliktern", ie the action against the nature of the new law can be known only after a very wet.
The second view is the view that there is only a quantitative difference (about the weight or threat of minor crimes) between crime and offense. 1. Imprisonment only threatens crime only. 2. If the face is evil then the form of mistake (intentional or friability) required in situ, must be proven by the prosecutor, while in the face of a violation that is not. In connection with the crime it is also distinguished in the crime of Dolus and culpa. 3. An offense can not be punished (Article 54 of the Criminal Code). Also on the offense can not help in criminal law (article 60 of the Criminal Code). 4. The grace period expires, both to determine the right and right to determine the shorter offense of each such crime a year two years. 5. In the case of concursus on different penalties for offenses and crimes. Small criminal substitution is easier than a serious crime. Cruel acts, among others: 1. Crime against state security, state interests, rebellion, and betrayal. 2. Disrupt the parliamentary session, blocking the general election. 3. Disrupt public meetings, robbery. 4. Crime against morality: sexual harassment, gambling, animal harassment. 5. Crimes against people's independence, kidnapping. 6. Crimes against the human soul: murder. 7. Persecution. 8. Theft. 9. Extortion and Threats. 10. Embezzlement. 11. Fraud 12. humiliation 13. Malversation. Violations are as follows: 1. General Offenses: mischief to humans, animals or goods that endanger the safety of the sale of general food and beverages. For example that has been damaged, hunting without permission. 2. Public order offenses: annoying neighbors, begging 3. Violations of general rules: tearing / destroying announcements from authorities. 4. Violation of decency: selling images or movies that are not obscene 5. Violations of state security: entering the army. Closure, since most criminal offenses, in addition to crimes and offenses are distinguished, usually in theory and practice are also distinguished among others in: 1. Violation of Dolus and violation of culpa For deliberate Dolus infringement is required; For example Article 338 of the Criminal Code; "Deliberately causing the death of another person", while in the second culpa, one can also be imprisoned if the error is in the form of negligence, for example under section 359 of the Criminal Code which can be made by one who causes the death of another for negligence. 2. The first commissioner of infringement and commissioner of the delicacy shall be an offense consisting of doing something prohibited by criminal acts such as theft (art. 362), skimming (section 372) and deceiving (art. 378).
The second is an offense consisting of not doing something when it should actually be done. There is also a commissa commissionis commissiona, a violation of offense that generally consists of doing something, but it can also be done by not doing, for example a mother who robs her own child: do not feed the child. 3. Ordinary violations and reserved violations (reserved) The latter violation is a violation of common elements plus other criminal threats. Sometimes other elements of the usual way of committing ordinary violations. Sometimes they are peculiar, sometimes also to the typical outcome of an action that has been violated. 4. Resistance and non-sustainability. Prohibited actions create an ongoing situation. For example, article 333 of the Criminal Code, namely the independence of the person who robs others illegally. The prohibited circumstances continued until the victim was expelled or died. So the forbidden acts are not exhausted when his behavior is finished like a theft, for example but still continues. The point is that the differences of crime and offenses are not measured again to determine which court decision is tried, as before, because it is now being tried by the District Court (PN). However, there are differences in judges' events.
• Principles of Criminal Law, Prof .. Moeljanto, SH • International Criminal Law of Extradition, I Wayan Parthiana
. • http: //pendekarhukum.com/hukum-pidana/49-pembagian-hukum-pidana.
In addition to the science of criminal law, which can actually be called criminal law science, there is also a crime itself called the science of criminology. The object of criminology is the person who committed the crime (criminals) itself. And the goal is to get him to understand what caused it to commit a crime. Criminology is divided into three parts, namely (a). Criminal biology, which investigates oneself is the cause of action, both physically and spiritually., (B). Criminal Sociology, trying to find the cause in the society where the criminal was., (C). Criminal policy, ie what action should be done so that if others do not do it. B. Discussion. Before we discuss this paper, which is entitled to a criminal section in criminal offenses and offenses, we must know what is criminal, criminal law, crime and offense. Criminal law is a law relating to crime and violation of public interest and is responsible for criminal acts which is a pain. (According to Sudarsono). The criminal law is part of the entire law applicable in the state that contains the rules to determine the order and prohibits the threat of punishment for those who break it. (According to Moeljanto). The Criminal Law is a collection of rules containing orders and prohibitions as well as threats of punishment or punishment for those who violate them.
According to Samijo. Crime is a criminal offense that the punishment of serious threats can be punishable by fines, imprisonment and death penalty, and sometimes coupled with the confiscation of certain goods, the deprivation of certain rights and the announcement of the verdict. Evil is sadness or suffering or an unpleasant state physically and psychologically, or soul. Violation is a minor criminal offense, fine or imprisonment. The specialty of criminal law lies in the force of coercion in the form of punishment that the law is obeyed by every individual as the subject of law. Thus, the Criminal Law is a law relating to crime and violation of the public interest. Such actions (violations and crimes) may be subject to punishment or torture for that question. Criminal acts are in accordance with our Criminal Code system that is divided for crime (misdrijiven) and offtreding. According to the division of MVT (Smidt and so on) of both types it is based on the principle difference. It is said that the crime is "rechtsdeliten", an act which, although not specified in law, as a criminal act, is regarded as onrecht, as an act contrary to the rule of law. The opposite offense is "wetsdeliktern", ie the action against the nature of the new law can be known only after determining there is a very wet. The term criminals comes from the word "evil", which means not very good, very bad, very ugly, which hangs in the fight against nature and human behavior. Evil is evil or evil. Criminal acts are in accordance with the system of the Criminal Code for crimes (misdrijven) and violations (overtredingen) in which the Book II of the Criminal Code (Article 104 of the Criminal Code - Article 488 of the Criminal Code) regulates crimes and Book III III of the Criminal Code (Article 489 KUHP-Article 569 of the Criminal Code) governs violations. There are two perspectives in distinguishing between crime and offense, namely the first view to see the difference between crime and violation of qualitative differences. Given the qualitative distinction between crime and offense which says that the crime is "rechtsdeliten", an act which, although not mentioned in law, as a criminal offense, is regarded as onrecht, as an act contrary to legal procedure. The opposite offense is "wetsdeliktern", ie the action against the nature of the new law can be known only after a very wet.
The second view is the view that there is only a quantitative difference (about the weight or threat of minor crimes) between crime and offense. 1. Imprisonment only threatens crime only. 2. If the face is evil then the form of mistake (intentional or friability) required in situ, must be proven by the prosecutor, while in the face of a violation that is not. In connection with the crime it is also distinguished in the crime of Dolus and culpa. 3. An offense can not be punished (Article 54 of the Criminal Code). Also on the offense can not help in criminal law (article 60 of the Criminal Code). 4. The grace period expires, both to determine the right and right to determine the shorter offense of each such crime a year two years. 5. In the case of concursus on different penalties for offenses and crimes. Small criminal substitution is easier than a serious crime. Cruel acts, among others: 1. Crime against state security, state interests, rebellion, and betrayal. 2. Disrupt the parliamentary session, blocking the general election. 3. Disrupt public meetings, robbery. 4. Crime against morality: sexual harassment, gambling, animal harassment. 5. Crimes against people's independence, kidnapping. 6. Crimes against the human soul: murder. 7. Persecution. 8. Theft. 9. Extortion and Threats. 10. Embezzlement. 11. Fraud 12. humiliation 13. Malversation. Violations are as follows: 1. General Offenses: mischief to humans, animals or goods that endanger the safety of the sale of general food and beverages. For example that has been damaged, hunting without permission. 2. Public order offenses: annoying neighbors, begging 3. Violations of general rules: tearing / destroying announcements from authorities. 4. Violation of decency: selling images or movies that are not obscene 5. Violations of state security: entering the army. Closure, since most criminal offenses, in addition to crimes and offenses are distinguished, usually in theory and practice are also distinguished among others in: 1. Violation of Dolus and violation of culpa For deliberate Dolus infringement is required; For example Article 338 of the Criminal Code; "Deliberately causing the death of another person", while in the second culpa, one can also be imprisoned if the error is in the form of negligence, for example under section 359 of the Criminal Code which can be made by one who causes the death of another for negligence. 2. The first commissioner of infringement and commissioner of the delicacy shall be an offense consisting of doing something prohibited by criminal acts such as theft (art. 362), skimming (section 372) and deceiving (art. 378).
The second is an offense consisting of not doing something when it should actually be done. There is also a commissa commissionis commissiona, a violation of offense that generally consists of doing something, but it can also be done by not doing, for example a mother who robs her own child: do not feed the child. 3. Ordinary violations and reserved violations (reserved) The latter violation is a violation of common elements plus other criminal threats. Sometimes other elements of the usual way of committing ordinary violations. Sometimes they are peculiar, sometimes also to the typical outcome of an action that has been violated. 4. Resistance and non-sustainability. Prohibited actions create an ongoing situation. For example, article 333 of the Criminal Code, namely the independence of the person who robs others illegally. The prohibited circumstances continued until the victim was expelled or died. So the forbidden acts are not exhausted when his behavior is finished like a theft, for example but still continues. The point is that the differences of crime and offenses are not measured again to determine which court decision is tried, as before, because it is now being tried by the District Court (PN). However, there are differences in judges' events.
• Principles of Criminal Law, Prof .. Moeljanto, SH • International Criminal Law of Extradition, I Wayan Parthiana
. • http: //pendekarhukum.com/hukum-pidana/49-pembagian-hukum-pidana.
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