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All Journal Justitia et Pax Unes Law Review Jurnal Jatiswara CIVICS: Jurnal Pendidikan Pancasila dan Kewarganegaraan Berajah Journal Jurnal Penelitian Serambi Hukum JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah LAWPASS Integralistik Domus Legalis Cogitatio EVOKASI: Jurnal Kajian Administrasi dan Sosial Terapan
Dwi Kurniawan, Itok
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Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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THE EXISTENCE OF LIVING LAW IN CRIMINAL LAW REFORM: EXPANSION OF THE PRINCIPLE OF LEGALITY Dwi Kurniawan, Itok
Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v40i2.7762

Abstract

The implementation of WvSvNI as a rule of criminal law in Indonesia after the proclamation of independence of the Republic of Indonesia automatically enforces the principle of formal legality embedded in it. The principle of formal legality is rigid because it places criminal law as the only basis for punishing someone's actions for an act regulated therein. The principle of formal legality also negates the existence of living law in Indonesian society, which is often known as customary law. Criminal law reform through the ratification of the National Criminal Code seeks to integrate living law as a source of criminal law. This article will discuss issues related to the existence of living law (Adat law) in the renewal of national criminal law. The method used in this legal research is a normative legal research method with a statutory approach. The results of this study indicate that the inclusion of living legal provisions (Adat law) into criminal law is an effective effort to achieve comprehensive justice for the Indonesian people, the actual form of which is to protect society (especially victims) from actions that are detrimental to themselves. Society is protected from not only mala prohibita acts but also extraordinary criminal acts, one of which is customary crime.
THE EXISTENCE OF LIVING LAW IN CRIMINAL LAW REFORM: EXPANSION OF THE PRINCIPLE OF LEGALITY Dwi Kurniawan, Itok
Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v40i2.7762

Abstract

The implementation of WvSvNI as a rule of criminal law in Indonesia after the proclamation of independence of the Republic of Indonesia automatically enforces the principle of formal legality embedded in it. The principle of formal legality is rigid because it places criminal law as the only basis for punishing someone's actions for an act regulated therein. The principle of formal legality also negates the existence of living law in Indonesian society, which is often known as customary law. Criminal law reform through the ratification of the National Criminal Code seeks to integrate living law as a source of criminal law. This article will discuss issues related to the existence of living law (Adat law) in the renewal of national criminal law. The method used in this legal research is a normative legal research method with a statutory approach. The results of this study indicate that the inclusion of living legal provisions (Adat law) into criminal law is an effective effort to achieve comprehensive justice for the Indonesian people, the actual form of which is to protect society (especially victims) from actions that are detrimental to themselves. Society is protected from not only mala prohibita acts but also extraordinary criminal acts, one of which is customary crime.
Co-Authors Gama Santos, Jose Ismawati septiningsih Jose Gama Santos Muhammad, Irham Ghani Patria Setyawan, Vincentius Samuel Bintang Septiningsih, Ismawati setyawan, vincentius patria Soehartono Soehartono Suyatno*, Suyatno Utomo , Agata Ferisa