Criminal Law according to APELDOORN, is distinguish as followings:
Material Criminal Law appointed to the criminal act and therefore those act can be convicted, those criminal act has two parts, they are:
- The objective part is an act or attitude that is contrary to the applicable criminal law, so that it is against the law that causes a legal claim with a criminal threat for the violation.
- The subjective part is the mistake pointed to the perpetrator to be responsible according to the law.
Formal Criminal Law regulated regarding how the Material Criminal Law can be applied.
- Criminal Law according to MOELJATNO is part of the entire law which valid in a country, which regulated basically for:
- Determine which actions should not be carried out, which are prohibited, accompanied by threats or sanctions in the form of certain crimes for those who violated the prohibition.
- Determining when and in what cases to those who have violated the prohibitions can be charged or sentenced as has been threatened.
- Determine how the imposition of criminal acts can be carried out if someone is suspected of violating the prohibition.
The criminal law itself is divided into:
- rechtdelict (criminal act (rechtdelict) or law delict).
- wetsdelict (misdemeanor (wetsdelict) or legal offense).
Law delict/criminal act is a violation of law which is felt to violate a sense of justice, such acts as murder, injuring others, stealing and so on).
Misdemeanor is violating what is determined by law, for example, the necessity to have a driver’s license for those who drive vehicle on public roads, or wearing helmets when riding motorbikes. There is no problem with justice here).
Everyone have a chance to entangled with the legal problem in this life, which make someone or some people involve with the criminal law in Indonesia, the causes as following:
- Intention Factor or wrong decision which had been taken, many intention or wrong decision have been taken end up with someone/some people being sentenced to jail, surely it all had its own background which why those intentions or decisions had taken, the excavation of facts and laws could make significant impacts to the defend process and the sentence which will receive by someone or some people. Someone might do a criminal act such as persecution or murder due to self defense or a corruption which doesn’t harm the public interest but on the contrary serve the public interest.
- Social symptom factors such as poverty, low education, deviant culture, unfriendly/hostile environment, lack understanding of law, deviant association or other social factors, which cause a child or an adult to commit a delinquent, misdemeanor, or criminal act.
- Negligence factor and/or the lack understanding of law which valid in some country for example carrying cannabis plant, narcotic, coca leaves or its conversion to Indonesia’s territory, while in other country maybe it’s allowed but on the contrary in Indonesia it will be sentenced heavily for it’s violation.
- Coercion or threat factor or good faith to carry out orders from superior/law, these factors come from the external of the person, someone might violate criminal law by force and by threat or good faith to carry out order from superior/law.
- Deception factor, these factor also comes from external of the perpetrator who being deceived to do such a crime.
- Deviant behavior factors and congenital disease which come from internal of the perpetrator such as kleptomania, epilepsy, pyromania, down syndrome, stress and/or depression, mental disorders, etc., those are the determine factors of someone or some people could/couldn’t be responsible of their act upon the law, therefore someone or some people can be sentenced, rehabilitated or released. We are present to defend and to guide you to seek for justice.
Our Practice in Criminal Law:
- Narcotic and Psychotropic Abuse/Trafficking;
- Assault and Battery;
- Information and Electronic Transaction/Cyber Crime;
- Theft and Embezzlement;
- Blackmail and Intimidation;
- Vehicle Accident;
- Human Trafficking;
- Domestic Crime;
- Child Delinquent/Criminal Act or Offence Involving Child;
- Medical Malpractice;
- Dog/pet bite/attack;
The subject of criminal law can be a public officer, person, company, public notary, lawyer, tourist, labor, private officer, doctor, scientist, student even a president due to there’s no subject of law who immune to the law except what had regulated by the law. Based on those above explanation of criminal law and our experience as lawyers in Bali, we can assist you on the criminal case which involving you, nevertheless one thing to keep in your mind, we cannot promise you that we will win the case because its against our profession of ethics codes and against the law. We just can promise you that we will struggle as best as we can with all the potential we had to bring you justice.
Please make sure if you experience such a crime or unlawful act against you:
- Take the witnesses and the perpetrator photos and videos also their ids card or vehicle number and other evidences in the scene(s) with high resolution camera so that the images of every person and objects are clear thus the evidences you’re about to collect are valid.
- Gather as many witnesses as possible with their ids photos and phone numbers on the scene.
- Take photos and videos on the event occur, your wounds or anything else which has corelated with you and keep it safe, it will be needed for authentication.
- Go to the government hospital which has forensic doctor specialist for medical examination or we call it visum et repertum which consist of details report of every wound on your body, how deep and wide the wounds are and etc., then ask for medication (first visum and then medication), government hospital in Denpasar for instance Sanglah General Hospital/Rumah Sakit Umum Pusat (RSUP) Prof. Ngoerah/Sanglah.
- Contact us to schedule for a consultation by WhatsApp or Email.