By Han Bing Siong
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Additional info for An Outline of the Recent History of Indonesian Criminal Law
Mahkamah Agung Indonesia, December 22, 1953, Hukum 1954 No. 2-3 p. 65 ff. According to Ko Tjay Sing, Kodifikasi dan Unifikasi Hukum Perdata dan Dagang, 1958, p. 17, the existence of two different codes binding for different areas is contrary to the purport of art. 102 of the Constitution, which had ordered a codification for the criminal law. RECENT HISTORY OF INDONESIAN CRIMINAL LAW 47 detained provisionally by the police, but if the same was done in Bandung, the police could take that measure, because the maximum penalty provided by art.
S. N. I. P. Bij decree No. 2 of August 2, 1946,99 in force as from August 8, art. S. N. I. was revised by the Dutch. According to its original version, the principles concerning concurrence, among others art. 67, should also be applied in the case when a person stands trial for an offence, while he has already been tried and sentenced for another offence after the commission of the first mentioned offence for which he now stands trial. Since it was stipulated by art. 67 that no other penalty can be imposed together with the penalty of death or life imprisonment in case of concurrence,lOO a person who stands trial for the second time in the case mentioned above cannot be sentenced to death if he has been sentenced to life imprisonment previously.
Nevertheless, we must bear in mind that a particular intention of the legislature can only be binding as law in so far as that intention has explicitly been expressed in the stipulations of the law. This was not the case. P. were not declared binding throughout Indonesia for those high officials. It merely con- 142 143 144 145 See also Tresna, op. cit. p. 192 and 'Aneka Warna', Hukum 1959 No. 5-6 p. 40-41. B. 1953, 'Territoriale verscheidenheid', p. B. 1953, 'Forum Privilegiatum voor Hoge Ambtsdragers', p.
An Outline of the Recent History of Indonesian Criminal Law by Han Bing Siong