Rabu, 08 September 2010

UNDERSTANDING CRIMINAL LAW

1. The Meaning of Criminal LawCriminal law is the law on criminal regulations. The word "criminal" means that which is "dipidanakan" ie by the relevant authority delegated to an individual as an unpleasant feeling and also things that are not delegated day-to-day. Obviously the reason this criminal bestow, should have a relationship with a situation in which a person concerned to act less good.2. Classification of Criminal LawCriminal Law began to be used in the days of Japanese occupation for strafrecht understanding of the Dutch language. Criminal Law, including public law group.3. The realization of Criminal LawPublic law is divided into three groups, namely the law of the state administration law, state administrative law, civil law.The third group includes many of the legal norms and are accompanied by threats of criminal hukman on offense. This is what is essentially apda hukm criminal.Criminal law can be tangible illustrated three types, namely:a. Dikupulkan in one way we codification of codex criminal law or Wetboek van strafrecht.b. Are scattered in different laws about certain things that in the final section contains the threat of criminal penalties for violating several articles of the law.c. By the threat of criminal penalties "empty" the determination of violations of criminal punishment ban a type that may already exist or are still to be held in other legislation.4. The contents of The Book of the Law of Criminal Law (Penal Code)This book consists of three books:a. Book I contains general provisions (Algemene Lerstrukken) of Article 1-103.b. Book II: Setting of a criminal offense (Misdrijven) Article 104-488c. Book III governs criminal violations (Overstredingen) Article 489-569.5. Customary Law of Habit (Gewoonterecht)Criminal law consists only of what is called the written law is contained in the regulations law. Seen in chapter 1 the book of criminal law which says that an action can only be a crime if, based upon a statute. Then there is no customary law or customs gewoonterecht in the series of criminal law. But there are still some areas which are called customary courts run by local authorities which still prevail "customary criminal law" is.6. History Book of the Law of Criminal Law (Penal Code)In the days of the Dutch in Indonesia terdapa penajahan dualism in legislation crustaceans. There are separate legal regulations for the Dutch and other Europeans who are tracings from separate law for the people of Indonesia and the people of foreign east. For the Europeans accepted a book of the law contained in a separate criminal law says the Dutch king (Government Gazette No. 1866. 55) takes effect on January 1, 1867 for the eastern Indonesian people and foreigners contained in Ordonnantie (Government Gazette No. 1872. 85) takes effect on January 1, 1873.Second book of criminal law legislation in Indonesia is a replica of the Penal Code of the French emperor Napoleon declared valid in the Netherlands when the country was conquered by Napoleon in the nineteenth century permlaan. In the year 1881 in Balnda pad was formed and entered into force in 1886 a book of the law a new criminal law is largely a national sample code of criminal law in Germany.In Indonesia it is formed lawbook new criminal law (Wetboek van Strafrecht voor Indie) with the word of the King of the Netherlands dated 15 October 1915, entered into force January 1, 1918, which would replace both the book of criminal law is applicable to all residents in Indonesia.State law is continued in zman pidna Japanese occupation and the beginning of the independence of Indonesia, based on the rules perlaihan, both from the Japanese government nor the Law of the Republic of Indonesia shrimp Dasr 1945 perlaihan Article II of the rules, which reads:"All State Agency and the existing rules still apply directly, as long as the new has not held by No. 1 / 1945 dated February 26, 1946, contained in the Gazette of the Republic of Indoensia II number nine held penegaskan about criminal law applicable in the Republic of Indonesia."7. Changes Being the Unitary Republic of IndonesiaAccording to article 2 of the Constitution of RIS. United States of Indonesia Republic of Indonesia, which covers the entire area bersma areas of:a. Country of the Republic Indoneisa by province according to the status quo, such as those in the Renville Agreement on January 17, 1948.State of East IndonesiaPasundan countries, including the Federal District JakartaMadura, East Java Country CountryState of East SumatraState of South Sumatrab. Unit-Unit who erect their own state is as follows:Central JavaBangkaRiauWest KalimantanDayak BesarBanjar RegionEast KalimantanEast Kalimantanc. Indonesia rest areas that are not part of the regions. In July 1950 tederasi change the shape of the RIS to the Unitary State of Republic of Indonesia (Homeland) of the Constitution of RIS is replaced with the Constitution of The 1950 (1950 Constitution)Substitute for government regulation laws nomo 1 / 1950 as amended by the number 8 / 1950 on essentially stated:• All regulations and laws applicable in the Republic of Indonesia in the areas of choice.• All rules and laws no longer valid option, but that does not conflict with the regulations and laws of Indonesia.New on the date of 29 September 1958 into force the law number 73 year 1958 entitled: "The law of application of the law declared number one in 1946 the Republic of Indonesia concerning the rules of criminal law for the entire territory of the Republic of Indonesia and the changing legal codex criminal. " Then apply a criminal law for the entire territory of the Republic of Indonesia with its core of the Criminal Code

Selasa, 07 September 2010

Criminal law

Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.

criminal defense lawyer

A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal conduct. Criminal defense lawyers can be permanently employed by the various jurisdictions with criminal courts. Such lawyers are often called public defenders. [edit] United States

In the United States, criminal defense lawyers deal with the issues surrounding the apprehension, searches of client or property, and arrest of his or her client (Fourth Amendment), as well as any statements the client may have made. (Fifth Amendment). Criminal defense lawyers also deal with the substantive issues of the crimes with which his or her clients are charged. In the United States criminal defendants are entitled to the presumption of innocence until prosecutors prove each essential element of a crime beyond a reasonable doubt. A split in the jury is often called a "hung jury" and may result in a retrial of the defendant. Criminal defense lawyers actively pursue their client's cause through all stages of a criminal prosecution.

Criminal defense lawyers in the United States who are employed by governmental entities such as counties, states, and the federal government are often referred to as public defenders. These are often fresh law school graduates seeking to gain quick courtroom experience, but there are many older, extremely well experienced lawyers who have made public defending a lifetime vocation. There are also private defense lawyers who are retained by individual clients on a case by case basis.