The semi-autonomous body of the Moot Court Community, Faculty of Law, 51¶¯Âþ (KPS FH UNAIR) again held an Internal Moot Court Competition (INMOOT). INMOOT is an annual work program in the form of an internal moot court competition attended by FH UNAIR students and held at FH UNAIR. As the opening of this year’s INMOOT series of events, KPS FH UNAIR held an INMOOT 2022 Workshop on Saturday (29/10/2022), inviting two criminal law experts speakers, Riza Alifianto Kurniawan, S.H., MTCP, and Dr. Yahman, S.H., M.H.
The first speaker, Riza, presented material on material criminal law. Riza explained that what is meant by criminal law is public law which contains orders and prohibitions accompanied by sanctions if violated. The contents of the norms of criminal law regulations, continued Riza, are in the form of prohibition norms.
“There are various kinds of crimes, including material offenses, formal offenses, ordinary offenses, complaint offenses, dolus offenses, or culpa offenses,” said Riza.
He also explained the types of sanctions in criminal law. Sanctions in criminal law are divided into two, namely, the primary criminal sanctions and additional criminal sanctions. The prior criminal sanctions consist of capital punishment, imprisonment, imprisonment, and fines, while other penalties consist of deprivation of certain rights, confiscation of certain goods, and announcement of judge’s decision.
“Tere are three main principles in criminal law: the principle of legality, the principle of error, and the principle of non-retroactivity. The legality principle consists of lex certa, lex stricta, and lex scripta,” said Riza.
Riza explained that criminal liability could be in the form of individual or corporate mistakes. However, there is also a so-called reason for the abolition of crime. The reasons for the abolition of the crime, continued Riza, consist of reasons for justification, forgiveness, and eliminating prosecution.
The second speaker, Dr. Yahman, explained the material on formal criminal law. Criminal law is divided into material criminal law and formal criminal law. Material criminal law means the substance of criminal law, while formal criminal law means criminal procedural law.
“Criminal procedural law is a collection of regulations used to defend rights and carry out obligations in the criminal justice process by law enforcement institutions to enforce criminal law,” Yahman explained.
Yahman said that formal criminal law has two main functions: repressive and preventive functions. Formal criminal law, as a repressive function, aims to take actions against deviant behavior or activities that are contrary to the law, for example, investigation, investigation, prosecution, and sentencing. Meanwhile, as a preventive function, formal criminal law aims to ensure the implementation of legal protection and human rights from the parties through administrative actions.
The scope of the criminal procedure law includes the search for formal and material truths, procedures for investigation and investigation, procedures for indictments and prosecutions, procedures for trial and evidence, court judge decisions, execution by prosecutors, codification and unification, review, and sentencing and coaching prisoners in correctional institutions, “said Yahman.
