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

Research Article

Comparison of Criminal Actions Between the Legal System of Indonesia and Thailand

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  • @INPROCEEDINGS{10.4108/eai.28-5-2022.2320554,
        author={Indra  Prasetyo and Fajar Ari Sudewo and Sanusi  Sanusi and Kus  Rizkianto},
        title={Comparison of Criminal Actions Between the Legal System of Indonesia and Thailand},
        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={law comparison probation},
        doi={10.4108/eai.28-5-2022.2320554}
    }
    
  • Indra Prasetyo
    Fajar Ari Sudewo
    Sanusi Sanusi
    Kus Rizkianto
    Year: 2022
    Comparison of Criminal Actions Between the Legal System of Indonesia and Thailand
    MALAPY
    EAI
    DOI: 10.4108/eai.28-5-2022.2320554
Indra Prasetyo1,*, Fajar Ari Sudewo1, Sanusi Sanusi1, Kus Rizkianto1
  • 1: Universitas Pancasakti Tegal
*Contact email: indraprasetyo2006@gmail.com

Abstract

The purpose of this study is to examine the arrangement of trial criminal offenses in Indonesia and Thailand as well as the similarities and differences between attempted criminal offenses 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 research is qualitative because the data is presented in a descriptive-narrative way. The results of the study show that the law does not provide a definition of what is meant by trial, but only provides provisions regarding the terms of probation for what kind of criminal act can be punished. Attempted criminal acts in Indonesia are regulated in Article 53 and Article 54 of the Criminal Code. Provisions regarding attempted criminal acts in Thailand are regulated in Articles 80 to 82 of the Thai Criminal Code Book I. The similarity between attempted criminal acts between Indonesia and Thailand, namely the Indonesian Criminal Code and the Penal Code of Thailand (KUHP Thailand) does not provide a definition of what is meant by attempted criminal acts because are both considered as unfinished offenses and the Indonesian Criminal Code and the Thai Criminal Code both impose a penalty of two-thirds of the principal sentence.