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VOL. 9, ISSUE 6 (2023)
Judicial authority in resolving concursus
Authors
Aulia Safira, Mohd. Din, Teuku Muttaqin Mansur
Abstract
Article 65 of Qanun
Number 6 of 2014 concerning Qanun Jinayat describes simultaneous crimes but
only regulates simultaneous crimes between fellow teachers, and does not further
regulate simultaneous crimes where each crime is subject to a different trial.
This study aims to analyze the judicial authority in Aceh in solving crimes
simultaneously. The research method used is a normative legal research method
with a case approach. The data used in this study are secondary data obtained
from document studies, namely court decisions and related laws and regulations.
The results showed that judicial authorities in Aceh in solving crimes together
tend to view each act separately and provide punishment according to each act.
However, judicial authority in Aceh is not limited to Qanun Jinayat. The
judicial system in Aceh also involves other legal provisions, including
national law governed by the Criminal Code. In this context, Articles 63, 64
and 65 of the Criminal Code are still used as a reference in handling
concurrent criminal acts in Aceh. Article 63 states that: (1) If an act falls
under more than one criminal rule, then only one of those rules is subject to
it; if different, the one imposed carries the most serious principal criminal
threat; and (2) If an act is included in a general criminal regulation, it is
also regulated in a special criminal regulation, then only the special one is
applied. Article 64 states that: (1) If several acts, even though each of them
is a crime or violation, are related in such a way that they must be considered
as one continuous act, then only one criminal rule is applied; if different,
the one applied contains the most serious principal criminal threat; (2)
Likewise, only one criminal law is imposed if a person is found guilty of
counterfeiting or tampering with currency, and using the counterfeited or
tampered item; and (3) However, if the person who commits the crimes mentioned
in articles 364, 373, 379 and 407 paragraph 1, as a continuous act and the
value of the losses incurred exceeds three hundred and seventy-five rupiah,
then he are subject to the criminal regulations referred to in articles 362,
372, 378 and 406. Article 65 states: (1) In the event that several acts are
combined which must be considered as independent acts so as to constitute
several crimes, which are punishable by the same main criminal penalty, then
the punishment shall be imposed. only one crime; and (2) The maximum penalty imposed
is the maximum amount of punishment punishable for the act, but it may be more
than the maximum maximum penalty plus one third.
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Pages:141-145
How to cite this article:
Aulia Safira, Mohd. Din, Teuku Muttaqin Mansur "Judicial authority in resolving concursus". International Journal of Law, Vol 9, Issue 6, 2023, Pages 141-145
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