Muhammad Fathir Al Farisi
Fakultas Hukum Universitas Hasanuddin, Indonesia

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Kejelasan Rumusan Delik Pasal 454 KUHP: Analisis Berdasarkan Prinsip Lex Certa Andi Fathurrahman; Muhammad Fathir Al Farisi; Fajar Bakti Tolanda
Hakim: Jurnal Ilmu Hukum dan Sosial Vol 4 No 3 (2026): Agustus | HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum, Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/4p79h797

Abstract

This study examines the formulation of the criminal offense under Article 454 of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP), which prohibits taking away or absconding with a child or woman by unlawful means. The enactment of the new Criminal Code marks an important step in reforming Indonesia's criminal law system; however, several provisions, including Article 454, contain broad and open-textured phrases such as "membawa pergi" (taking away), "melarikan" (absconding), and "tipu muslihat" (deceitful means) that are not accompanied by clear definitional boundaries. This ambiguity raises concerns regarding compliance with the lex certa principle, a fundamental element of the legality principle requiring criminal norms to be formulated clearly, precisely, and without multiple interpretations. This research is a normative legal study employing statutory and conceptual approaches, with legal materials analyzed qualitatively through a prescriptive method. The findings indicate that Article 454 has not fully satisfied the lex certa principle, as its elastic wording opens the article to divergent interpretations by law enforcement officers and judges, creating the risk of "rubber article" (pasal karet) practices, judicial disparity, and potential overcriminalization of conduct that properly belongs to the private or social sphere. The study concludes that clearer definitional limits, whether through implementing regulations, enforcement guidelines, or the development of jurisprudence, together with a restrictive interpretive approach by law enforcement officers, are necessary to ensure that the application of Article 454 remains consistent with the principle of legal certainty.