How to Formulate Criminal Actions

How to Formulate Criminal Actions

In this regard will be viewed from three basic distinctions in the way of formulating a criminal offense in the Criminal Code, namely:

1. From the point of how the inclusion of the elements of the crime of qualified

a.       Constituent lists, qualification and criminal threats

b.      Included all the basic elements without qualification and criminal threats include

c.       Lists the qualifications and criminal threats

2. From the point of EAM ban, from this angle there are two ways to formulate a criminal offense

a.       Formal way: Principal ban in the formula is doing certain acts.

b.      Material way: Principal prohibition is a criminal offense to cause a certain result.

3. From the point of distinction between the crime of basic shape, form heavier and lighter

a.       The formulation in the form of principal: Lists all the elements to complete

b.      The formulation in the form commuted and aggravated: The elements do not form substantially repeated or reformulated, but article mentions only the basic form. Or principal qualification form, then call the elements that cause commuted and exacerbated the crime.

Because all norms are accompanied by criminal threats intended to protect the interests, namely individual interests, the interests of the state or other public interests of the violation of norms is always mention the loss on the interest. So, no matter how its formulation in criminal law, any criminal offense resulting in losses on an interest.

References:
Prodjodikoro, Wirjono. Principles of Criminal Law in Indonesia. Bandung: PT Refika Aditama. 2008.

Saifullah, Textbook of Basic Concepts of Criminal Law. Malang: STAIN Malang. 2004.