What is Extraordinary Crime and the Examples

PERTANYAAN

I would love to write a thesis on extraordinary crime, but I am having difficulty with the definition (there is no definition in the legal dictionary or criminology encyclopedia) and also the history of the term, so what references should I use and where to get them?

Thank you for your answer.

INTISARI JAWABAN

The definition of extraordinary crime is not based on definite legal regulations or standards. Although there are different interpretations of the classification of extraordinary crimes, experts generally are of the opinion that, as long as these offenses have a broad and systematic impact and cause massive losses, these offenses can be classified as extraordinary crimes.

Crimes categorized as extraordinary crimes in Indonesia are namely crimes against humanity, genocide, corruption, and terrorism, and what is still being debated among legal experts is the crime of narcotics and psychotropic abuse.

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Apa Itu Extraordinary Crime dan Contohnya written by Saufa Ata Taqiyya, S.H., and was published on Friday, 7 January 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

What is Extraordinary Crime?

The term extraordinary crimes can be found in the General Elucidation of the Law on Human Rights Court, which states that the establishment of law on human rights court is based on a number of considerations, one of which is:

Gross violations of human rights are "extraordinary crimes” and have a widespread impact both at the national or international level and are not criminal acts that are regulated under the Criminal Code (Kitab Undang-undang Hukum Pidana) as well as causing both material and immaterial loss which leads to a sense of insecurity both to individuals and society, so it needs to be immediately restored in order to realize the supremacy of the law to achieve peace, order, tranquility, justice, and prosperity for all Indonesian citizens;

So what does extraordinary crime mean? According to Stuart Ford, extraordinary crime is an act committed with the intention to eliminate human rights and become the jurisdiction of international criminal justice, and the death penalty can be imposed on the perpetrators of these crimes.[1]

Meanwhile, Sukardi explained that extraordinary crime is a crime that has a large and multidimensional impact on social, cultural, ecological, economic, and politics which can be seen from the consequences of an action or deed found and studied by various government agencies and non-governmental organizations, national and international.[2]

Then, Mark A. Drumbl stated that the categorization of extraordinary crimes is because extreme crimes are quantitatively different from crimes in general, because these crimes are much more serious in nature, and the perpetrators are considered enemies of all humanity.[3]

According to our research, the definition of extraordinary crime is not based on definite legal regulations or standards. In this case, Muhammad Hatta stated, although there are different interpretations of the classification of extraordinary crimes, generally experts are of the opinion that as long as these offenses have a broad and systematic impact and cause massive losses, these offenses can be classified as extraordinary crimes.[4]

What is Considered an Extraordinary Crime?

If asked what is considered an extraordinary crime? You need to understand that the definition of extraordinary crimes originally referred to crimes against humanity, war crimes, and genocide.[5] Extraordinary crime in Indonesia, according to the Law on Human Rights Court is gross violations of human rights which are limited to two forms, namely genocide and crimes against humanity.

The crime of genocide is any action that is carried out for the purpose of annihilating or eradicating the whole or a part of a group of nations, races, ethnic groups, or religious groups by way of:[6]

1. murdering members of the group;
2. causing serious physical or mental harm toward members of the group;
3. creating conditions of life that would lead to physical annihilation, either in whole or in part;
4. imposing measures intended to prevent childbirth within the group; or
5. forcibly transferring children from a particular group to another group.

Meanwhile, a crime against humanity is one of the actions perpetrated as part of a widespread or systematic attack with full awareness that the attack in question is directly aimed at the civilian population, in the form of:[7]

1. murder;
2. annihilation;
3. slavery;
4. forced eviction or displacement of residents;
5. arbitrary deprivation of liberty or other physical liberties which violates the fundamental principles of international law;
6. torture;
7. rape, sexual enslavement, forced prostitution, forced pregnancy, forced castration or sterilization, or other equivalent forms of sexual violence;
8. persecution towards a particular group or association based on similar political opinion, race, nationality, ethnicity, culture, religion, sex, or other reasons which have been universally acknowledged as prohibited matters according to international law;
9. forced disappearance of persons; or
10. the crime of apartheid.

The two crimes regulated, according to Muladi, are the adoption of norms contained in the Rome Statute.[8]

Also read: These are 2 Gross Violations of Human Rights Regulated in Indonesia

In its development, there are other crimes categorized as extraordinary crimes in Indonesia. Is corruption an extraordinary crime? Artidjo Alkostar stated that Indonesia since 2002 with the enactment of the CEC Law (in Bahasa Indonesia is known as UU KPK) classified corruption crimes as extraordinary crimes because corruption in Indonesia has been widespread and systematic, violating the economic rights of the community. For this reason, it requires extraordinary ways of eradicating corruption.[9]

Why is corruption an extraordinary crime? Artidjo's explanation of corruption as an extraordinary crime is in line with the General Elucidation of the CEC Law, which states that widespread and systematic corruption is also a violation of the social and economic rights of the community, and because of this, corruption can no longer be classified as an ordinary crime but has become an extraordinary crime.

Eddy O.S. Hiariej as quoted by Muhammad Hatta, explained that there are at least 4 characteristics of corruption as an extraordinary crime, namely:[10]

1. Corruption is an organized crime that is committed systematically;
2. Corruption is usually carried out with a difficult modus operandi so that it is not easy to prove it;
3. Corruption is always related to power;
4. Corruption is a crime related to the fate of many people because the state finances that can be harmed are very useful for improving people's welfare.

In addition to the crimes mentioned above, Muhammad Hatta also stated that the crime of terrorism has similarities and can be compared to extraordinary crimes because terrorism is carried out in a planned, systematic and organized manner and the targets of these crimes are foreigners and surrounding civilians who are innocent and have nothing to do with foreign interests. In addition, terrorism can be categorized as an extraordinary crime because it does not only kill human beings but also destroys all public facilities, worsens the national economy, and disrupts the stability of national security.[11]

Lastly, another crime that is still being argued among legal experts in determining an extraordinary crime is the crime of narcotics and psychotropic abuse.[12]

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 26 of 2000 on Human Rights Court;
2. Law Number 30 of 2002 on Corruption Eradication Commission as amended by Law Number 10 of 2015 on The Stipulation of Government Regulation In Lieu of Law Number 1 of 2015 on The Amendment to Law Number 30 of 2002 on Corruption Eradication Commission Into Law as amended by Law Number 19 of 2019 on The Second Amendment to Law Number 30 of 2002 on Corruption Eradication Commission.

Reference:

1. Artidjo Alkostar. Korupsi Sebagai Extra Ordinary Crime. Makalah dalam Training Pengarusutamaan Pendekatan Hak Asasi Manusia dalam Pemberantasan Korupsi di Indonesia Bagi Hakim Seluruh Indonesia, 2013;
2. Mark. A. Drumbl. Atrocity, Punishment, and International Law, Chapter 1: Extraordinary Crime and Ordinary Punishment: An Overview. Cambridge University Press, 2017;
3. Muhammad Hatta. Kejahatan Luar Biasa (Extra Ordinary Crime). Aceh: Unimal Press, 2019.

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[1] Muhammad Hatta. Kejahatan Luar Biasa (Extra Ordinary Crime). Aceh: Unimal Press, 2019, p. 10.

[2] Muhammad Hatta. Kejahatan Luar Biasa (Extra Ordinary Crime). Aceh: Unimal Press, 2019, pp. 10-11.

[3] Mark A. Drumbl. Atrocity, Punishment, and International Law, Chapter 1: Extraordinary Crime and Ordinary Punishment: An Overview. Cambridge University Press, 2017, pp. 3-4.

[4] Muhammad Hatta. Kejahatan Luar Biasa (Extra Ordinary Crime). Aceh: Unimal Press, 2019, p. 12.

[5] Mark A. Drumbl. Atrocity, Punishment, and International Law, Chapter 1: Extraordinary Crime and Ordinary Punishment: An Overview. Cambridge University Press, 2017, p. 4.

[6] Article 8 Law Number 26 of 2000 on Human Rights Court (“Law on Human Rights Court”).

[7] Article 9 Law on Human Rights Court.

[8] Muhammad Hatta. Kejahatan Luar Biasa (Extra Ordinary Crime). Aceh: Unimal Press, 2019, p. 12.

[9] Artidjo Alkostar. Korupsi Sebagai Extra Ordinary Crime. Makalah dalam Training Pengarusutamaan Pendekatan Hak Asasi Manusia dalam Pemberantasan Korupsi di Indonesia Bagi Hakim Seluruh Indonesia, 2013, p. 2.

[10] Muhammad Hatta. Kejahatan Luar Biasa (Extra Ordinary Crime). Aceh: Unimal Press, 2019, p. 21.

[11] Muhammad Hatta. Kejahatan Luar Biasa (Extra Ordinary Crime). Aceh: Unimal Press, 2019, p. 15.

[12] Muhammad Hatta. Kejahatan Luar Biasa (Extra Ordinary Crime). Aceh: Unimal Press, 2019, p. 21.