A COMPARATIVE STUDY OF THE OFFENSES ACCORDING TO DHAMMA VINAYA OF A MONK IN THE CASE OF TATIYA PARAJIKA IN ACCORDANCE WITH THERAVADA BUDDHISM AND PERSONAL LIABILITY FOR OFFENSES AGAINST LIFE UNDER THE CRIMINAL CODE

Abstract

This research article aimed:  1. To study the concepts related to intentional actions according to the Vinaya Pitaka and intentional actions according to the Criminal Code. 2. To study the structure of offenses against life according to the Third Parachika in the Vinaya Pitaka and the Criminal Code. 3. To present findings and recommendations for improving the criminal law to be consistent with the Vinaya, conducted by documentary research collected data from academic documents such as books, articles, research papers, theses, and academic works in electronic media, etc., analyzed data by descriptive data analysis methods.

The results of the research were found to be as follows: 1. Intent (criminal cases) can be divided into 2 cases: Intent for the outcome means knowing and intending to bring about the outcome. Intention to see the result means not intending the result. 2. All acts of guilt; the offender will be held liable or punished only if he or she has completed all the elements specified by law. For every act of guilt, the offender will be held liable or punished only if he or she has completed all the elements specified by law. 3. Comparing all 5 aspects, there is one aspect that is the same, namely the third aspect, the internal component, which is the Commandments. The word “intention” is used, while the word “intention” has the same meaning; that is, there is an intention to seek the perfect weapon. It will take away the human body. There is only one difference: the punishment that will be received. For the ordinance, the punishment that will be received is “parajik.” As for the provisions, the punishment that will be received is “imprisonment and fine,” which is a moderate punishment.