Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia

Research Article

Comparison of Expired Criminal Prosecutions Between The Indonesian And Thailand Legal Systems

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  • @INPROCEEDINGS{10.4108/eai.28-5-2022.2320536,
        author={Triono  Hadianto and Fajar Ari Sudewo and Sanusi  Sanusi},
        title={Comparison of Expired Criminal Prosecutions Between The Indonesian And Thailand Legal Systems},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia},
        publisher={EAI},
        proceedings_a={MALAPY},
        year={2022},
        month={8},
        keywords={expired; prosecution; comparison},
        doi={10.4108/eai.28-5-2022.2320536}
    }
    
  • Triono Hadianto
    Fajar Ari Sudewo
    Sanusi Sanusi
    Year: 2022
    Comparison of Expired Criminal Prosecutions Between The Indonesian And Thailand Legal Systems
    MALAPY
    EAI
    DOI: 10.4108/eai.28-5-2022.2320536
Triono Hadianto1,*, Fajar Ari Sudewo1, Sanusi Sanusi1
  • 1: Universitas Pancasakti Tegal
*Contact email: trionohadiatno@gmail.com

Abstract

The purpose of this study is to examine the regulation on the expiration date for the prosecution of criminal acts in Indonesia and Thailand and to examine the similarities and differences in the expiration date for the prosecution of criminal acts between the Indonesian and Thai legal systems. The approach used in this research is a statutory approach and a comparative approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results of the study show that the right to sue for a crime is abolished because it has expired as regulated in Article 78 of the Criminal Code. The validity period of the expiration of the abolition of criminal prosecution authority in Indonesia is generally stipulated in Article 79 of the Criminal Code. After the expiration of the grace period is stopped by the prosecution, a new expiration date is started again as regulated in Article 80 of the Criminal Code. The expiration of the grace period can also be delayed due to the postponement of prosecution as regulated in Article 81 of the Criminal Code. The provisions for the expiration of the prosecution of criminal acts in Thailand are regulated in the Penal Code of Thailand or the Thai Criminal Code, in Book I of Provisions Applicable to General Offenses Chapter 9 Articles 95-101.