University:
California State University, Northridge
Course:
CJS 320 | Introduction to Criminal Law and Legal Analysis
Academic year:

2024
Views:

61

Pages:

2
Author:

Peggy D.

Course : Kriminal Law Lecture : Erwin Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES Definition Of Legal Subject The definition of legal subject is who can have the right and be able to act in in law or in other words who is capable according to law to have rights There are several definitions of the subject law according to scholars: 42 a. The legal subject according to Subekti is the bearer rights or subjects in law, namely people. b. Legal subject according to Mertokusumo is everything that can get the right and obligation from law. Only humans can become a legal subject. c. According to Syahran, the legal subject is the population kung rights and obligations. d. The legal subject according to Chaidir Ali is man- who has the personality of the law, and everything based on societal needs as such and recognized by law as such supporting rights and obligations. e. The legal subject according to Agra is every person who have rights and obligations so has legal authority or is called with Rechtsbevoegdheid. Based on the opinion of the above scholars can concluded that the legal subject is everything that can get the right and obligations from law so that everything that meant in this sense is human and legal entities. So, man by law is recognized as the bearer of the rights and obligations as legal subject or as a person. Definiton Subject Of Criminal Law The subject of Criminal Law is something that by laws and regulations deemed able commit a crime and get criminally responsible or subject to criminal sanctions. So the subject of criminal law is perpetrators of crimes under the law law can be held responsible and subject to punishment. Subjects of criminal acts include people (humans natural) and corporations (organizations) both of which having the status of a legal entity or not law. Understanding of meaning and space The scope of the subject of criminal law is important, related with many possible causes the occurrence of events that resulted in casualties in in society. With space restrictions the scope of the subject of criminal acts in the law law, then law enforcement work can more directed or focused. This is important so that nothing goes wrong in the use of human resources and funds or fees. For example, if it is known that a farmer when working in the garden or in the fields then died from being bitten by a venomous snake, then it can easily be understood that snakes are not subject to criminal law and therefore cannot criminally responsible or subject to criminal sanctions. Another case when the venomous snake was intentional released by someone with the intention that si the farmer was bitten by the venomous snake. In this case that can be considered to commit a crime is not a venomous snake but a person who deliberately released the venomous snake. This frame of mind also applies if, a horse or cattle breeder is injured or killed by being kicked or gored by animals own livestock. The farm animal is not the subject criminal law, so can not be prosecuted or criminally responsible. As well This is the case when a person dies due to an illness or be struck by a natural disaster.