Criminal Jurisdiction Essay

Jurisdiction generally describes any authority over a certain area or certain persons. In the law, jurisdiction sometimes refers to a particular geographic area containing a legal authority. For example, the federal government is a jurisdiction unto itslef. Its power spans the entire United States. Each state is also a jurisdiction unto itself, with the power to pass its own laws. Smaller geographic areas, such as counties and cities, are separate jurisdiction to the extent that they have to powers that are independent of the federal and state governments.

There are many legal bases for criminal jurisdiction under International Law, Territorial Jurisdiction that consist of Objective territoriality and Subjective territoriality, Nationality (or Active Personality) Jurisdiction, Universal Jurisdiction, Protective jurisdiction and the ‘effects’ doctrine and Passive Personality Principle.

The Nationality principle can be applied on two bases; there are active personality and passive personality. The active personality principle is the State has jurisdiction over its citizens who commit crimes abroad. For example cases in Indonesia, when Indonesia citizen committed a crime even though it happened outside Indonesia, the culprit may be subject to criminal law Indonesia, when perpetrators

This principle determines that the criminal law of a country applies to acts that was done abroad, if therefore of particular interest especially interests are violated outside the territory of the country. In here, is not about to protect individual interest or certain people interest, but the national interest or the interest of the wider public. If people become victims of Indonesia in the territory of other States, committed by a stranger, then Indonesia criminal law does not apply. Entrusted to each State to enforce the law in its own