Download e-book for iPad: An Outline of the Recent History of Indonesian Criminal Law by Han Bing Siong

By Han Bing Siong

ISBN-10: 9401746680

ISBN-13: 9789401746687

ISBN-10: 9401749671

ISBN-13: 9789401749671

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Extra info for An Outline of the Recent History of Indonesian Criminal Law

Example text

This may be assumed because there is no transitional law stipulation for the recovery of these areas, cf. , 1951 'De gelding van vroeger recht', p. 10 and R. Sastranegara, op. cit. p. 11 and p. 10 note 23. RECENT HISTORY OF INDONESIAN CRIMINAL LAW 37 stance art. l23 The same serious gap in the criminal law as in the first months after the proclamation of the Republic in 1945 was the consequence. But this time, different from the early days of the Republic, the legislature neglected this gap for a long time and did not take the necessary steps as soon as possible to revise the various provisions.

And the question which criminal law provisions were applicable must in turn be determined by the place where the act was committed. P. based on Act No. 1 1946. S. I. was in force with many provisions in chapters I, II and III of the second Book which could no longer be applied. S. I. Consequently, the requirements of the Emergency Law were not fulfilled in that case, thus he could not be tried by the Supreme Court. The proposition must not be converted! To end this description of the criminal law of the Republic of the United States of Indonesia, one fact of great importance must also be commemorated, namely the inclusion of the Human Rights as defined in the Universal Declaration of Human Rights of December 10, 1948 in the Constitution.

And Act No. 1 1946 is such a local restricted regulation of the central government. Not all regulations issued by the central legislature are designated for the whole territory of the State! Only regulations issued for the whole territory of the State can be accepted as having become effectual in all recovered areas, including the recovered areas in Kalimantan. 138 So, the purport of the Government Ordinance was only to make Act No. 1 1946 effectual (again) in the recovered areas in Java, Madura and Sumatra, not in the recovered areas in Kalimantan, which is in accordance with its concluding stipulation concerning both the temporal and the territorial sphere of validity of the Act.

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An Outline of the Recent History of Indonesian Criminal Law by Han Bing Siong


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