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 bases 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 territoriality, the principle of personality, and the principle of protection. The three principles criminal law These serve as the main guidelines in the application of criminal law in Indonesia. The following will explain about 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 regulated in Article 2 of the Criminal Code. The wording of Article 2 of the Criminal Code is "Criminal provisions in Indonesian Law apply to everyone who commits a criminal act in the territory of Indonesia". So, if someone commits a criminal act in the territory of Indonesia, then the applicable criminal provision is the Indonesian criminal provision.
In the territorial principle, the element that is prioritized is the territory. So, 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 Netherlands is when someone commits a criminal act in the Netherlands, then the criminal provisions of the Netherlands apply to the perpetrator.
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