Criminal Law Regulations in Korea and Indonesia


Korean criminal law has been codified as contained in the Korean Criminal Code (Criminal Code of the Republic of Korea) which was promulgated under Law No. 239 dated 18 September 1953. Indonesian Criminal Law was codified in the Criminal Code (Law No. 1 of 1946 jo. Law No. 73 of 1958). The Indonesian Criminal Code Systematics (KUHP) is different from the Korean Criminal Code systematics.

Criminal Code (Book of criminal law), If the systematics of the Criminal Code is compared with the Criminal Code, the very striking difference that can be seen in this case is that the Criminal Code does not distinguish between Crimes and Violations, while the Criminal Code still distinguishes them.
Some comparisons between the Indonesian Penal Code and the South Korean Criminal Code

1. Participation
In the Criminal Code, the forms of inclusion include:
• Participants (Co-principlas), ie two or more people jointly commit a crime (Article 30).
• Instigator (Instigator), a person who incites another person to commit a criminal offense (Article 31).
• Accessories (ie) those who help or provide assistance to others who commit a crime (article 32)
• The instigator who failed (article 30, paragraph 3)

2. Comparison and Repetition
• Comparison both according to the Criminal Code and Criminal Code are both general provisions.
• Repetition according to the Criminal Code is a general provision, whereas according to the Criminal Code it is a Special Provision. In Korea, this residive problem is seen as more dangerous to the public interest than concursus. This is reasonable, because a person has already been convicted of a similar crime but not deterrent. Of course in this case social economic and political problems must be taken into account.

3. Remove the right of prosecution
• The removal of the right of prosecution is not regulated in the Criminal Code.
• The abolition of the criminal right according to the Criminal Code can be found in Article 83 through Article 85, including:
a. Sentenced to death (Article 83)
b. Expiration (Article 84)
Those who abolish criminal conduct according to the general provisions of the Criminal Code:
a. Expired (Articles 77 to 80)
b. Cancellation of award (Article 81)
c. Restoration of rights (Article 82).

4. Mistakes, Be Legal, and Cause and Effect
The Criminal Code in the formulation of articles in its General Provisions does not explicitly separate the provisions concerning:
• The absence of error / exclusion of mistakes as a basis for criminal negation.
• The absence is against the law or eliminated is against the law as a reason for criminal negation.
However, the Criminal Code in some fields has been more advanced because some of the material we have learned through criminal law knowledge has been listed in the Criminal Code, which includes provisions regarding children under 14 years (Article 9), about evil will (Article 13 ), concerning negligence (Article 14), concerning misrepresentation of facts (Article 15), concerning legal errors (Article 16), and concerning the practice of commercial activities (Article 20).

Komentar

Posting Komentar

Postingan populer dari blog ini

Gerakan silhak pada dinasti joseon di korea selatan

Gambar
Sejak awal abad 17, sebuah gerakan yang menganjurkan Silhak, atau pembelajaran mengenai hal-hal praktis, memperoleh momentum yang cukup banyak diantara cendekiawan-pejabat yang berpikiran liberal sebagai alat untuk membangun suatu bangsa yang modern. Mereka sangat menganjurkan dilaksanakannya perbaikan-perbaikan dalam bidang pertanian dan industri, sejalan dengan dilakukannya reformasi-reformasi menyeluruh dalam hal pembagian tanah. Namun bagaimanapun juga, para bangsawan dari pemerintahan yang konservatif belum siap untuk melakukan perubahan yang sedrastis itu. Pada paruh kedua masa pemerintahan Dinasti Joseon, administrasi pemerintahan dan kaum kelas atas ditandai oleh faksionalisme atau pembentukan golongan-golongan yang muncul berulang-ulang. Untuk membereskan situasi politik yang tidak diinginkan, Raja Yeongjo (1724-1776) akhirnya mengambil kebijakan yang tidak berpihak. Dengan demikian ia mampu memperkuat kembali kewenangan Raja dan menciptakan stabilitas po...
Baca selengkapnya

The best relaxing body tour at South Korea's Yeo Yong Guk Spa 여 용국 한방 스파

Gambar
  You might think of spas and massages when you feel tired like wet cotton, when your neck and back hurt from overuse of your computer or smartphone, or when your skin is irritated due to changing seasons. After a full body massage, you will feel better and your body will feel much lighter. In typical spa places you have to choose your own program. Rarely is there a place that offers a professional spa program with individual physiology in mind. This is a place that understands a person's unique physical differences and offers a personalized spa program. A spa made specifically according to Sasang's physiology, Yeo Yong Guk was founded on the ideology of the story of Yeo Yong Guk, which contains a saying that a woman takes care of her face like a king who runs a country. At Yeo Yong Guk Korea Spa, undivided attention is paid to the fact that everyone has their own physiology. Everyone's physical constitution is different, so how could they all be treated with the same m...
Baca selengkapnya

Jjukkumi, one of South Korea's signature dishes that you must try

Gambar
  Soon South Korea will enter spring. Usually spring starts from late March to early May. Because the temperature is not too cold but also not too hot, South Korean people usually like to eat foods that can maintain their health stamina, especially those that come from marine wealth. One of the specialties during spring is Jjukkumi. This dish is a dish made from small octopus. Jjukkumi is a favorite in spring, because during this season the octopus is at its fullest and the head tastes delicious due to the abundance of eggs. The egg shape is almost the same size and color as rice, but tastier. Although they both come from octopus, according to their type, Jukkumi is usually processed into 2 dishes, namely Jjukkumi Samgyeopsal Bokkeum and Jjukkumi Shabu-shabu. Jukkumi Samgyeopsal Bokkeum is made from two basic ingredients, namely jukkumi and samgyeopsal. Jukkumi or octopus ocellatus is a type of octopus that is small and has a softer texture than ordinary octopus. Samgyeopsal,...
Baca selengkapnya