kewenangan menuntut pidana hapus karena daluwarsa

06:01 Feb 7, 2010
Indonesian to English translations [PRO]
Law/Patents - Law (general) / kewenangan menuntut pidana hapus karena daluwarsa
Indonesian term or phrase: kewenangan menuntut pidana hapus karena daluwarsa
I did not break this phrase down because I believe that it is a single term.

Anyone able to help with the closest English equivalent for this?
The phrase is normally found in formal legal documents.

Thanks :)
Christianna Braithwaite
Australia
Local time: 03:03


Summary of answers provided
5 +1The right to prosecute shall lapse by lapse of time
Catherine Muir
5the right to prosecute is expired
l08l
5The right of criminal action was (or has been) extinguished because of the expiry . . .
argosys
4inability to prosecute due to statute of limitations
Andrew Little
3 +1the statutory time for commencement of a criminal prosecution has expired
John Gare (X)
3 +1the authority to file a criminal charge is annulled due to expiration
Erich Eko
3the power to prosecute the crime is abolished due to expire
Wiyanto Suroso
3the power to file a criminal suite is ceased to be valid
Hikmat Gumilar
3 -1the authority to prosecute criminally has vanished because of the statutes of limitation
Hadiyono Jaqin
3 -1Authority to file a criminal charge is void due to the expiration of the Statute of Limitations
Mohamad Rudi Atmoko


Discussion entries: 6





  

Answers


8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
the power to file a criminal suite is ceased to be valid


Explanation:
my understanding

Hikmat Gumilar
Indonesia
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
the authority to prosecute criminally has vanished because of the statutes of limitation


Explanation:


Hadiyono Jaqin
Thailand
Local time: 23:03
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Native speaker of: Indonesian
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Peer comments on this answer (and responses from the answerer)
disagree  Catherine Muir: Tidak ada 'Statute of Limitations' dalam hukum Indonesia.
2 days 5 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
the authority to file a criminal charge is annulled due to expiration


Explanation:
Berdasarkan referensi kedua di bawah, yang dapat daluwarsa adalah penyangkaan (charging), sementara penuntutan (prosecuting) tidak.

http://www.gustitislaw.com/articles/texas_board_certified_cr...
Only the prosecuting attorney has the authority to file criminal charges. The police do not file charges - nor do private citizens have the power to “press” ...

Ref: http://www.criminalinfonetwork.com/common-defenses.htm
Statute of Limitations Defense
If you are charged with a crime it is important to know that you may only be charged with a certain crime for a limited amount of time after an offense occurs; this is known as a statute of limitations. The statute of limitations varies depending on the crime and the state in which the crime took place. Therefore, it is very important to contact a criminal defense attorney if you have been charged with a crime that took place a number of years ago as the statute of limitations may have run out and you may not legally be tried for the criminal charges that you face. Be aware that statutes of limitations do not prevent you from being prosecuted when they expire. Rather, statutes of limitations prevent you from being charged with a crime when they are expired...

Erich Eko
Indonesia
Local time: 23:03
Specializes in field
Native speaker of: Native in IndonesianIndonesian
PRO pts in category: 388

Peer comments on this answer (and responses from the answerer)
agree  Arfan Achyar
17 hrs
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
the power to prosecute the crime is abolished due to expire


Explanation:
If the state has exercised its power to prosecute, no matter what the consequence is, power has wholly been expended.

http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDP_733_0865

However, according to the principle of discretionary prosecution, though the committed offense is found to meet the legal requirements for prosecution, the prosecutor, based on policy consideration, may decide not to prosecute the crime.

http://www.ksh.moj.gov.tw/ct.asp?xItem=17020&CtNode=11178&mp...

In the interests of free speech and religious equality, the crime of blasphemy must be abolished once and for all.

http://www.article19.org/pdfs/publications/crime-of-blasphem...

But the law is due to expire at midnight.

http://www.pbs.org/newshour/bb/law/jan-june99/oic_6-30.html

Wiyanto Suroso
Indonesia
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
the statutory time for commencement of a criminal prosecution has expired


Explanation:
General expression applicable in some cases in countries like Australia with laws different to the "statute of limitations" of the U.S.

John Gare (X)
Local time: 03:03
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Native speaker of: English
PRO pts in category: 96

Peer comments on this answer (and responses from the answerer)
agree  eldira
17 hrs
  -> Terima kasih
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19 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
Authority to file a criminal charge is void due to the expiration of the Statute of Limitations


Explanation:
IMHO


    Reference: http://wiki.answers.com/Q/What_is_a_statutory_time_limit
Mohamad Rudi Atmoko
Indonesia
Local time: 23:03
Native speaker of: Native in IndonesianIndonesian, Native in JavaneseJavanese
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
disagree  Catherine Muir: Tidak ada 'Statute of Limitations' dalam hukum Indonesia.
1 day 11 hrs

neutral  argosys: The statute of limitations does not expire, as it is embedded in the Penal Code. It is the period of limitations that expires.
14 days
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1 day 4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
inability to prosecute due to statute of limitations


Explanation:
Generally trying to keep this short. Inability adequately signifies loss of power or authority. When mentioning statute of limitations, this automatically carries the meaning of expiration as reason for loss of power, so adding the word expiry would be a redundancy.

Andrew Little
Germany
Local time: 17:03
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1 day 3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
The right to prosecute shall lapse by lapse of time


Explanation:
Chapter VIII of KUHP deals with "Lapse of the right to prosecute and of the punishment" (official government translation). Pasal/Article 78 of KUHP reads: "(1) Kewenangan menuntut pidana hapus karena daluwarsa:..."
The official translation (issued by the Directorate General of Law and Legislation, Ministry of Justice, on 27 Feb 1982, reads: "(1) The right to prosecute shall lapse by lapse of time:..." In Article 79, KUHP deals with 'the term of lapse of time'.

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Note added at 1 day3 hrs (2010-02-08 09:47:30 GMT)
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I have the official translation, thanks to John Gare, who sent it to me 10 years ago when I was working for UNTAET Judicial Affairs in Dili. Thanks, John, I have referred to it so often over the years!

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Note added at 2 days9 mins (2010-02-09 06:10:05 GMT)
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While we can speak of a 'statute of limitations' in Western legal systems, i.e., systems based on British common law, there is no such thing in Indonesian law.

Example sentence(s):
  • (1) The right to prosecute shall lapse by lapse of time: (1st). in one year for all misdemeanours and for the crimes committed by means of the press; 2nd-ly, in six years for crimes upon which fine, custody or imprisonment of not more than ...

    Reference: http://www.google.com.au/url?sa=t&source=web&ct=res&cd=3&ved...
    Reference: http://www.google.com.au/url?sa=t&source=web&ct=res&cd=8&ved...
Catherine Muir
Australia
Local time: 03:03
Specializes in field
Native speaker of: English
PRO pts in category: 53

Peer comments on this answer (and responses from the answerer)
agree  Hipyan Nopri
13 hrs
  -> Terima kasih, Hipyan.

neutral  argosys: With due respect to the "authority" cited, this is an awkward, layman's translation where the word "lapse" is used twice.
1 day 23 hrs
  -> I agree, but that is the official translation. Was probably translated by someone who is/was not a native speaker of English.
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57 days   confidence: Answerer confidence 5/5
the right to prosecute is expired


Explanation:
daluwarsa = expiration date
melampaui jangka waktu daluwarsa = expired
menuntut pidana = prosecute --> jaksa = prosecutor

bisa juga dibilang: the right to prosecute has expired (telah kadaluwarsa)

kewenangan seharusnya diterjemahkan "competence", tapi tidak masuk, karena kewenangan itu untuk pejabatnya, sedangkan penuntutan itu pada hakekatnya dilakukan oleh negara, dan adalah hak negara.



l08l
United States
Local time: 23:03
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Native speaker of: Native in IndonesianIndonesian
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1 day 4 hrs   confidence: Answerer confidence 5/5
The right of criminal action was (or has been) extinguished because of the expiry . . .


Explanation:
of the (relevant) prescriptive period. [Answer continuation]
---------------------------

On the basis of these judgements it was argued that should the fact constituting the action upon which the civil proceedings are based be punishable by the Criminal Court, the applicable prescription period should be that regulated by the Criminal Code and not the Civil Code
http://www.independent.com.mt/news.asp?newsitemid=100745

The only data we have on hand is that the complaint was dismissed on March 27, 1952. The failure of the Government to furnish us sufficient data prevents us from concluding that the prescription period has not yet elapsed since the charge for attempted homicide may have been filed after March 20, 1952 and dismissed on March 27. Under the facts presently obtaining the only alternative is to dismiss the case as prayed for by the defense.
http://www.lawphil.net/judjuris/juri1954/jul1954/gr_l-6407_1...

What is the statute of limitations (prescription period) for criminal fraud?
The statute of limitations for criminal fraud may depend on the type of fraud, whether civil or criminal, and whether it is filed as a private case or a public case. As with all legal cases, filing claims promptly is very important and victims of fraud should consult with an attorney as soon as possible.
http://www.chaninatandleeds.com/guide/fraud.html

The next question to be resolved, then, is whether the Belgian statute establishing a prescription period for civil actions for wrongful death so qualifies and conditions the right of action as to extinguish it after the lapse of the applicable period of time. It is clear that in resolving this question, Mississippi would consider itself bound by the construction placed on the statute by the Belgium courts. Davis v. Meridian & Bigbee Railroad Company, 248 Miss. 707, 161 So.2d 171 (1964); Perkins v. Guy, supra; Hamilton v. Cooper, supra. Accord, Pulliam v. Gulf Lumber Company, supra n. 8; Goodwin v. Townsend, supra n. 9. This undertaking is made difficult, however, by the fact that a civil law jurisdiction seldom finds it necessary to construe its prescription statutes in such a way to make it easily apparent to a common law court whether the statute is considered substantive or procedural in the common law conflicts of law sense.
http://ftp.resource.org/courts.gov/c/F2/432/432.F2d.592.2826...

Article 90 of the Revised Penal Code provides:
-Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
-Crimes punishable by other afflicted penalties shall prescribe in fifteen years.
-Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.
-The crime of libel or other similar offense shall prescribe in two years.
http://www.lawphil.net/judjuris/juri1942/sep1942/gr_48224_19...

Law: Prescribe
To become invalidated or unenforceable by the process of prescription.

Law: Prescription (in context):
. . . .
c. Also called negative prescription. the loss of rights to legal remedy due to the limitation of time within which an action can be taken.
http://dictionary.reference.com/browse/prescription

In Scotland, limitation is called "prescription", but its effect is essentially the same. A right of action will be extinguished upon the expiry of the relevant prescriptive period. Section 6(1) of the Prescription and Limitation (Scotland) Act 1973 provides for what is termed the "short negative prescription" of five years. If no relevant claim is made within the period of five years, then the obligation to which the claim applied will be extinguished.
. . . .
The Court of Session in Scotland held that the date at which the prescriptive period started to run for such claims was the date of the final certificate under the construction contract, or in the absence of a final certificate, the date of the last interim payment certificate.
http://www.brewerconsulting.co.uk/cases/CJ0411RR.htm




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Note added at 9 days (2010-02-16 12:20:15 GMT)
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Pls refer to the ff URL re prescription period (period of limitations) in the 1918 Penal Code of Indonesia:

http://books.google.com.ph/books?id=yqLNtQZdGJEC&pg=PA69&lpg...

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Note added at 12 days (2010-02-19 12:01:15 GMT)
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Regarding the prescription period and the statute of limitations, the following information might be useful:

A statute of limitations is a statute in a common law legal system that sets forth the maximum time after an event that legal proceedings based on that event may be initiated. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods."
http://www.answers.com/topic/statute-of-limitations

From the book: Statutory limitations in international criminal law
according to Ruth A. Kok

24. Indonesia
- 1918 Penal Code, Art. 78: 'The right to prosecute lapses upon the expiration of the period of limitation: a) after six years for serious offenses punishable by a fine, detention or imprisonment of not more than three years; b) after twelve years for serious offenses punishable by a term of imprisonment of more than three years; c) after eighteen years for serious offenses punishable by life imprisonment; d) with respect to a person, who has not reached the age of eighteen on the day of the commission of the crime, the prescription period will be reduced to one third of this term.'

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Note added at 110 days (2010-05-28 14:44:25 GMT)
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Law.
Prescribe, defined.
To become invalidated or unenforceable by the process of prescription.
http://dictionary.reference.com/browse/prescribe

argosys
Local time: 00:03
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Native speaker of: Native in EnglishEnglish
PRO pts in category: 15
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