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All Journal Awang Long Law Review
Fahmi Fairuzzaman
Muhammadiyah University of Surakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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THE PRINCIPLE OF LEGALITY IN THE INDONESIAN CRIMINAL CODE AND THE SEYCHELLES CRIMINAL CODE (A COMPARATIVE STUDY) Kuswardani; Marisa Kurnianingsih; Andria Luhur Prokosa; Fahmi Fairuzzaman
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2425

Abstract

Both the Indonesian and Seychellois legal systems are hybrid system or mixed. Those two countries accepted the codification of the criminal code. In Indonesia, Law Number 1 of 2023 concerning the Criminal Code (KUHP) was promulgated on January 2, 2023, and will come into effect on January 2, 2026, replacing the previous code. Whereas the Seychelles Penal Code (Chapter 158) was enacted on 1 February 1955. This study aims to compare the formulation of the principle of legality within these two penal codes. This is referred to as normative research, utilizing secondary data. Research findings indicate that the principle of legality within the Indonesian Criminal Code (KUHP) is clearly formulated and accommodates the law living in society (customary law). In order to ensure that such living law possesses legal certainty and meets the lex scripta requirement, customary criminal offenses must be clearly defined or formally enacted by regional legislative bodies. In the Seychelles Criminal Code, the principle of legality is not explicitly formulated; instead, it is enshrined in the national constitution specifically in Article 18 regarding human rights. The study recommends that be made binding jurisprudence on lower-court judges in similar cases to ensure consistency in rulings.
Co-Authors Andria Luhur Prokosa Kuswardani Marisa Kurnianingsih