Pro
Pusat Data
Koleksi peraturan perundang-undangan dan putusan pengadilan yang sistematis serta terintegrasi
Solusi
Wawasan Hukum
Klinik
Tanya jawab gratis tentang berbagai isu hukum
Berita
Informasi dan berita terkini seputar perkembangan hukum di Indonesia
Jurnal
Koleksi artikel dan jurnal hukum yang kredibel untuk referensi penelitian Anda
Event
Informasi mengenai seminar, diskusi, dan pelatihan tentang berbagai isu hukum terkini
Klinik
Berita
Login
Pro
Layanan premium berupa analisis hukum dwibahasa, pusat data peraturan dan putusan pengadilan, serta artikel premium.
Solusi
Solusi kebutuhan dan permasalahan hukum Anda melalui pemanfaatan teknologi.
Wawasan Hukum
Layanan edukasi dan informasi hukum tepercaya sesuai dengan perkembangan hukum di Indonesia.
Catalog Product
Ada Pertanyaan? Hubungi Kami
What is the principle of personality? Is the principle of personality the same as the principle of active nationality? They both mean that criminal provisions in Indonesia apply to Indonesian citizens outside the territory of Indonesia.
The principle of personality and the principle of active nationality are the same, but different in terms. The principle of personality or the principle of active nationality is the principle of the applicability of Indonesian criminal law, in which the provisions of Indonesian criminal law apply to Indonesian citizens who commit criminal acts outside the territory of Indonesia.
Please read the review below for a further explanation.
This article is an English translation of Asas Nasionalitas Aktif dan Asas Personalitas dalam Hukum Pidana written by Bernadetha Aurelia Oktavira, S.H. and published on Monday, 2 October 2023.
This article is the second update of the article entitled The Definition of Nationality Principle and Active Nationality Principle in Criminal Law which was written by Sovia Hasanah, S.H. on Monday, 18 May 2018, and was first updated on Monday, 1 August 2022.
This article is written according to the previous Indonesian Criminal Code and Law 1/2023 on the Criminal Code, which was promulgated on 2 January 2023.
All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.
The principle of active nationality is one of the principles of the applicability of Indonesian criminal law. You can find the provisions of this principle in the previous Criminal Code, which is still applicable at the time this article was published, as well as in the new Criminal Code, Law 1/2023, which will entry into force 3 years from the date of its promulgation,[1] in 2026.
This principle is adopted in Article 5 Criminal Code or Article 8 Law 1/2023, which essentially states that the provisions of Indonesian criminal law apply to Indonesian citizens who commit criminal acts outside the territory of Indonesia. This principle is called the principle of active nationality because it relates to the activeness of the crime of a citizen.
The provisions of the principle of active nationality read as follows.
| Criminal Code | Law 1/2023 |
1st, one of the crimes described in Chapters I and II of the second Book, and in articles 160, 161, 2nd-ly, an act deemed by the Indonesian statutory penal provisions to be a crime and on which punishment is imposed by the law of the country where it has been committed.
|
|
Furthermore, R.Soesilo in his book entitled Kitab Undang-Undang Hukum Pidana KUHP serta Komentar-Komentarnya Lengkap Pasal Demi Pasal, (p. 33) explains that in this article, it is placed the principle of nationaliteit aktief or personaliteit.
The meaning is that Indonesian citizens who commit one of the crimes as mentioned in sub I of this article, even though they are located outside Indonesia, can be subject to Indonesian criminal law. If they commit other criminal acts which are considered by Indonesian law to be crimes (not offenses), they can only be subject to Indonesian criminal law, if the act committed is also punishable by the law of the foreign country where the act has been committed. This applies only to Indonesian citizens and not to foreign nationals, unless after the commission of the act they become Indonesian citizens.
From Soesilo's explanation of the principle of active nationality, it can be seen that the principle of active nationality and the principle of personality are actually the same thing.
This was also stated by Andi Hamzah in his book Asas-Asas Hukum Pidana (pp. 72-73). In short, Andi Hamzah explains that this principle of personality relies on the citizenship of the perpetrator of the offense. Indonesian criminal law follows its citizens wherever they are. The point of this principle is stated in Article 5 of the Criminal Code. This principle of personality is also expanded by Article 7 of the Criminal Code which, in addition to containing the principle of active nationality (principle of personality), also contains the principle of passive nationality (principle of protection).
Answering your question, the principle of personality and the principle of active nationality are the same, just different terms. The principle of personality or the principle of active nationality is the principle of the applicability of Indonesian criminal law, in which the provisions of Indonesian criminal law apply to Indonesian citizens who commit criminal acts outside the territory of Indonesia.
These are the answers we can provide, we hope you will find them useful.
Legal Basis:
Reference:
[1] Article 624 Law Number 1 of 2023 on Criminal Code (“Law 1/2023”).
[2] Article 79 section (1) letter c Law 1/2023.
Butuh lebih banyak artikel?
