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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum
Wiati Samawati
Fakultas Hukum dan Sosial, Universitas Sunan Giri Surabaya
Law, Crime, Criminology & Criminal Justice

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THE PRINCIPLE OF LEGALITY AS AN INSTRUMENT LIMITING STATE POWER IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Haniyah Haniyah; Budi Handayani; Naillah Bintang Khoirunnisah; Wiati Samawati
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 16 No. 1 (2026)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v16i1.48469

Abstract

The expansion of criminal norms and the growing trend of criminalisation in various pieces of legislation raise concerns about the potential expansion of state power in Indonesia's criminal justice system. In the context of the rule of law, the principle of legality should serve as a constraint to prevent the state from imposing criminal penalties arbitrarily. However, in practice, this principle is often narrowly understood as a technical principle in the Criminal Code, without being placed in a broader constitutional framework. This study aims to analyse the principle of legality as an instrument to limit state power in Indonesia's criminal justice system and to emphasise its constitutional dimension. This study uses a normative juridical method with a regulatory, conceptual, and doctrinal approach. Data was obtained through a literature study of regulations, Constitutional Court decisions, and criminal and constitutional law literature. Qualitative analysis was conducted to identify the parameters of state power restrictions through the principle of legality. The results of the study show that the principle of legality has a strong constitutional dimension, reflected in the principles of legal certainty, protection of human rights, and restrictions on legislators and law enforcement officials. This study offers a Constitutional Legality Test Model that includes a norm clarity test, an interpretation limitation test, and a proportionality test.
Co-Authors Budi Handayani Haniyah Haniyah Naillah Bintang Khoirunnisah