It has been explained the importance of distinguishing between crime and criminal act with the reason; first, criminology is an independent scientific discipline. It is separated from criminal law. Second, because criminology is an independent scientific discipline, then criminology has its own object of study. One of the object of study is crime.
This section will explain about criminal acts. Many terms to interpret the word Strafbaarfeit, one of them is criminal act. Literally, the meaning of Strafbaarfeit is part of a reality that can be punished. Lots of classic figures in criminal law like Hazewingkel Suringa, Pompe, Van Hamel, and Van Hattum. But opinion from Simon is the most complete by interpreting Strafbaarfeit as an act which violates the law that has been done intentionally or accidentally by someone that can be accountable for his or her act, and which by the law has been declared as a punishable act.
In order for an action to be called a criminal act, it must fulfill elements of a criminal act, both subjective and objective elements. Thus, crime and criminal acts can be obviously distinguish its difference. Simply, crime is broad and abstract, while criminal acts are narrow and concrete.
Legally, criminology is a branch of science, because it has met the scientific requirements. According to Wolfgang, criminology must be viewed as independent knowledge and separated because criminology already has regular data and theoretical concepts that use the scientific method. Although criminology is an independent knowledge, but criminology cannot be separated from other knowledge. Stephan Hurwitz describes criminology like the scheme below.
Criminology Relations Scheme in Criminalistics
Criminology which comes from the word crimen and logos, like other disciplines, requires restrictions or definitions. According to Van Bemmelen, criminology is like The King without countries because the area of his power has never been determined. There is a lot of literature about criminology that gives restrictions or meaning about criminology. The goal of giving definition is to show objects and identities of a science. Can criminology be defined as an independent knowledge, reminding criminology takes basic concepts from other fields of science? It must be admitted that criminology is a knowledge born accidentally.
As an independent knowledge, criminology has its own objects. A field of science must have its own object of study, either material or formal object. The difference between one field of science and another field of science is the position of the formal object. Need to note that there is no science which owns the same formal object. If the formal object is the same, then that science is the same.
Before talking about the scope of criminology from various perspectives, first we should know about the restriction of criminology. Literally, criminology comes from the word crimen that means crime or criminal, and logos that means knowledge. If viewed from that word, then criminology has meaning as the knowledge about crime. That meaning gives us a meaning that narrow, also can plunge at the wrong point. The meaning of criminology literally as a science of crime will result in the perception that only crime be discussed in criminology. Criminology not only discusses crime, but extensively studies crime, perpetrators of crime and the public’s reaction to the crime as an effort to prevent crime.
- Crime
The first object from criminology is crime. In the previous section, it has already explained the difference between crime and criminal acts. Study object of criminology is crime, while the study object of criminal law is criminal act.
Because crime is continuously growing, and being defined in various points of view, this is where criminology develops, and as one of triggers in developing criminology. Need to note that crime is defined widely, and the form of the crime is not the same according to the time and place. Criminology is prosecuted as one of the knowledge fields that can give an idea to policy of criminal law. By learning crime and its qualified types, hopefully criminology can also learn about the level of public awareness of crime that is stated in criminal law.
- Perpetrator of crime
The second object from criminology is perpetrator of crime. Talking about crime, surely talking about perpetrators of crime. Hermann Mannheim said that there are three approaches which can be done in learning about crime and perpetrator of crime.
a. Descriptive approach
Descriptive approach is an approach by making observations and collecting data related to the facts about crime and perpetrator of crime like forms of criminal behavior, how crime is committed, frequency of crime at different times and places, characteristics of criminals, and career development of a perpetrator of crime. This approach is known with the term Phenomenology. Some requirements that must be fulfilled to use this approach; a) Collection of facts cannot be done randomly, so that collection of fact must be selective. b) Must be interpreted, evaluated, and give meaning generally to acquired facts.
b. Cause and effect approach
In criminology, cause and effect relation is different from cause-and-effect relation in criminal law. In criminal law, in order for a case to be prosecuted, it must be proven that there is a cause-and-effect relationship between the action and the prohibited result. So, in criminology Cause and effect relation be searched after cause-and-effect relationship in criminal law is proven. The point is to know why a perpetrator of crime did that crime. Effort for knowing that crime with this approach is known as etiology of crime.
c. Normative approach
Criminology is defined as idiographic-discipline and nomothetic-disciple. Defined as idiographic-discipline because criminology discusses the facts, cause-and-effect, and possibilities in individual cases. While nomothetic-disciple aims to find and inform scientific law. The issue which appears is whether criminology is normative or non-normative science. In this case, some experts are limited to a formal or normative level. Thus, whether criminology is a normative science too. Bianchi said, if that crime is a juridical concept, it is an encouragement for criminology to learn norms. Therefore, criminology is normative. However, according to Herman Mannheim, criminology is not normative, but factual.
Based on the three approaches explained by Herman Mannheim, it can be concluded that learning criminology is definitely learning about crime, and learning crime is definitely learning about the perpetrator of crime. Learning crime without knowing characteristics of crime and causative factors will not benefit to give illustration about preventing crime.
Object of criminology research regarding perpetrators of crime is about those who have been doing crime. With that research, hopefully we can measure the level of public awareness against applicable law.
- Society reaction against unlawful act and perpetrator of crime
It is not wrong that eventually society will determine what kind of behavior is unacceptable and needs to get criminal sanctions. These are expectations of the society that need to get attention from criminology study.
Society reaction against crime, as one of the aspects from criminology study can be realized formally as a judicial system, but it can also be realized informally, among others, as the ways of preventing crime voluntarily by society. The two forms of reaction, both formal and informal, are embodiments of community security efforts.
Criminology is not only interpreted from the word Crimen and Logos. There is a lot of literature giving definitions about criminology. According to Sutherland and Cressey, criminology is an overall knowledge that discusses crime as a social phenomenon. Based on that definition, Sutherland and Cressey explain that what is included in the definition of criminology are the process of law formation, violation of law, and reactions to the perpetrators of crime. Thus, criminology is not only learning about crime, but also learning about the process of law establishment, violations of the law as well as those given to the perpetrators of crimes.
According to Bonger, criminology is a science that aims to investigate the symptoms of crime as widely as possible. If it is interpreted widely, it also studies the symptoms of social pathology which are related to each other, most of which have the same causes, and also some are in one etiology, including criminology.
Stephan Hurwitz in his book Criminology viewed criminology as part of criminal science, with empirical research trying to provide an overview of the factors of crime. Criminology is viewed as a global or general term for a broad and diverse field of knowledge, so it is impossible to be mastered by an expert alone. If described in the form of scheme, criminology is aligned with normative criminal law, criminal procedural law, penology and criminal law policies which are part of the science of criminal law.
Robert F. Meier in his book Crime and Society defined criminology is the study of law making, low breaking and response to the law breaking. Particularly, criminology discusses creation of law, explanation and causes of crime as well control of crime through the criminal justice system.
Wilhelm Sauer in his book Kriminologie als reine undangewandte Wissenschaft defined criminology as the science of crimes committed by individuals and different nations.
J.M Van Bemmelen in his book Criminologie viewed criminology as a complex science. J.M Van Bemmelen defined criminology as a science which studies the interactions that exist between crime and other embodiments of social life, called sociology and biology, because humans are living beings.
Thorsten Sellin used term of criminology to describe the science of criminals and how to deal with them, which views criminology only as the science of the causes of crime. Manheimm agreed with opinion of Thorsten Sellin about criminology, that criminology must be expanded by studying conduct norms, namely norms of behavior that have been determined by various community groups, in which the individual is a member of community. Manheimm viewed criminology from different side, namely criminology can be categorized broadly or narrowly. Broadly, namely studying penology and methods related to crime and the problem of crime prevention with non-punit actions. While in a narrow sense, criminology only studies about crime. Because studying crime, then the approach used is a descriptive, causal and normative approach.
Noach viewed criminology as the science of its forms, symptoms, causes, and consequences of bad behavior. While Moeljatno viewed criminology as the science of crime and bad behavior and about the people involved in these crimes and bad behavior. These crimes include violation, meaning that acts according to the law are threatened by punishment, and criminality includes crimes and bad behavior.
Various opinions of the experts about criminology in looking at crime and the factors that cause it show that criminology has reached a point that is commensurate with other sciences. This science has developed as a science for the welfare of society so that its concrete contribution to the development of legal disciplines, especially criminal law can be realized in the form of drafting policies, including the system for imposing criminal sanctions and solution of crime.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
