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 (Crime (rechtdelict) or criminal act)
- wetsdelict (Violations (wetsdelict) or legal offenses)
Criminal Act is a violation of law which is felt to violate a sense of justice, such as acts such as murder, injuring others, stealing and so on).
legal offence is violating what is determined by law, for example, the necessity to have a driver’s license for those who drive motor vehicles 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 been taken, the excavation of facts and laws can make significant impacts to the defend process and the sentence which will received by someone or some people. Someone can do a criminal act such as persecution or murder due to self defence 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 adult do a delinquent, offence, or criminal act
- negligence factor and/or the less known of law which valid in some country for example carrying cannabis plant, narcotic, coca leaves or its conversion to Indonesia’s territory, where 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 superiors, these factors comes from external of the person, someone can do a criminal act by force and by threat or good faith to carry out orders from superiors/laws, we are present to defend and to make sure that you would gain justice because people who qualified on these factors can get protection by the law.
- deception factor, these factor also comes from external of the perpetrator who being deceived to do such a crime, therefore it’s our field to defend.
- deviant behaviour factors and congenital disease such as kleptomania, epilepsy, pyromania, down syndrome, stress and/or depression, homosexual, heterosexual, lesbian etc., are the determine factors of someone or some people can be responsible of their act upon the law, therefore someone or some people can be sentenced, rehabilitated or released.
Our Practice in Criminal Law:
- Narcotic Case;
- Corruption Case;
- Persecution Case;
- Information and Electronic Transaction Case;
- Homicide Case;
- Human Trafficking;
- Domestic Crime;
- Child delinquent/child abuse/criminal act involving child;
The subject of criminal law can be a public officer, personal 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. 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.