University Of Bengkulu Law Journal
Vol. 8 No. 1 (2023): APRIL

TELAAH ASAS GEEN STRAF ZONDER SCHULD TERHADAP PERTANGGUNGJAWABAN PIDANA PENIPUAN MELALUI MODUS RITUAL MISTIS

Ahda Muttaqin (Fakultas Hukum Universitas Bangka Belitung)
Elmina A Herysta (Fakultas Hukum Universitas Bangka Belitung)
Faisal Faisal (Fakultas Hukum Universitas Bangka Belitung)
Pratama Putra Sadewa (Fakultas Hukum Universitas Bangka Belitung)



Article Info

Publish Date
06 Apr 2023

Abstract

Criminal act only refer to being prohibited and punishable by a criminal act. The principle of responsibility in criminal law is not to be punished if there is no mistake (Geen straf zonder schuld). This principle is not stated in written law but in unwritten law this principle applies. In the current era of globalization and technological developments, it does not immediately change the mindset of people to think rationally and modernly. But many Indonesian people without exception, educated or not, believe in mystical things. In crime, all parties can be subject to punishment, including in terms of assisting criminal acts. The purpose of this study is to formulate the norms of delict for fraud and to examine the geen straf zonder schuld principle of criminal liability for fraud through mystical rituals. The approach method used in this writing is a normative and statutory approach and a conceptual approach. The formulation of the problem in this paper is how to formulate the norms of delict delict through mystical rituals and how to study the geen straf zonder schuld principle of criminal liability for fraud. The conclusion of this study is that the formulation of the norm for delict acts of fraud lies in the ways and efforts that have been used by the perpetrators of the offense to move others to believe in something like mystical, supernatural things and the geen straf zonder schuld principle of criminal liability for fraud shows that the principle this is not stated in written law but in unwritten law this principle applies.

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Journal Info

Abbrev

ubelaj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

UBELAJ (University of Bengkulu Law Journal) aims to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, ...