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All Journal Masalah-Masalah Hukum LAW REFORM Al-'Adalah JURNAL LITIGASI (e-Journal) Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Humani (Hukum dan Masyarakat Madani) JURNAL PEMBANGUNAN HUKUM INDONESIA Journal of Law and Legal Reform
Barda Nawawi Arief
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Proof of Element of Unlawfulness Acts in The National Criminal Code Andre, Gusti Muhammad; Arief, Barda Nawawi; Sularto, RB; Azizah, Faiqah Nur; Nabela, Nadia
LAW REFORM Vol 21, No 2 (2025): Law Reform
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i2.67253

Abstract

In criminal law, unlawful acts are one of the elements of a crime. Logically, in addition to the acts formulated in the law, the unlawful act must also be proven. If an unlawful act is not proven, then an act cannot be considered a crime. However, the elements of unlawful acts regulated in the old Criminal Code differ from those in the National Criminal Code. This article aims to analyse the law of evidence in relation to unlawful acts in the National Criminal Code, in order to establish the truth of the matter. The research method used is the normative juridical method with a literature study analysis. Proving the essence of formal (written) law in the law of evidence is very easy; however, proving the essence of material law is more difficult, as it requires the judge to explore the sense of legal justice that exists in society. In criminal law, proof of unlawful acts is based on the postulate in criminalibus probantiones bedent esse lucis clariores, which states that in criminal cases, evidence must be clearer than light.
KAJIAN PERLUASAN KUALIFIKASI MAKNA BARANG DALAM YURISPRUDENSI HUKUM PIDANA BELANDA DAN INDONESIA DI ERA SIBER Hardinanto, Aris; Barda Nawawi Arief; Setiyono, Joko
LITIGASI Vol. 25 No. 1 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i1.13149

Abstract

The development of information technology, especially the internet, has affected criminal law. One of the resulting impacts is the qualification of goods in the cyber era. The development of criminal law in the Netherlands, particularly the Criminal Code, related to information technology is progressive regarding the qualification of goods, including cases related to the interpretation of goods in cyberspace by the Supreme Court of the Netherlands. This article argues that Dutch criminal law has repeatedly extended the qualification of the meaning of goods related to cybercrime through the jurisprudence of the Supreme Court of the Netherlands. The expansion of the qualification of goods in Dutch criminal law contextually includes account balances, online gaming features, and credit. Indonesian jurisprudence has once expanded the scope of goods in deciding account balance cases. The extension of the qualification of goods, including computer data in the National Criminal Code, based on problematic decisions of the Arnhem High Court in the Netherlands, is contradictory to the spirit of national criminal law reform. Keywords: Qualification, Goods, Criminal Law.
Critical Analysis of Living Law Formulation in Law No. 1 of 2023 Concerning the Criminal Code: Towards Law Reform to Realize Justice with the Spirit of Pancasila Hardinanto, Aris; Arief, Barda Nawawi; Setiyono, Joko; Fernando, Zico Junius; Sabrina, Nahdiya
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.13923

Abstract

The government is trying to reform national law in the field of criminal law by drafting a Criminal Code Bill (RUU KUHP) to replace Wetboek van Strafrecht. The culmination of this preparation was the promulgation of the Criminal Code Bill on January 2, 2023, through Law No. 1 of 2023 concerning the Criminal Code (KUHP). However, there are not many articles that discuss the process and critical analysis of living law formulation as stated in the provisions of Article 2 of the Criminal Code and their explanations. The research method used was legal research with statute, historical, comparative legal, and conceptual approaches. The results of this research conclude that the living laws are formulated inconsistently in terms of scientific substance. In order to make this formulation can realize justice based on Pancasila, it can be achieved in several ways. First, there is a need to reinterpret living legal concepts by involving experts in customary law, legal anthropology, legal sociology, and interdisciplinary legal researchers. Second, redefining the meaning of law that lives within the body of the Criminal Code is not limited to customary law, especially the principle of legality, but also includes customary law and traditional laws in traditional societies. Third, formulating formal law/criminal procedural law as the enforcer of material criminal law/National Criminal Code by re-establishing and recognizing customary courts in the Indonesian criminal justice system whose application in society is to realize the fifth principle of social justice for all Indonesian people from Pancasila.
Co-Authors Andre, Gusti Muhammad Aris Hardinanto Azizah, Faiqah Nur Clifford, Boyce Alvhan Clifford, Boyce Alvhan Disemadi, Hari Sutra Fernando, Zico Junius Garcia, Virginia Iqbal Kamalludin Joko Setiyono Maria Silvya E. Wangga NABELA, Nadia Nahdiya Sabrina Pujiyono Pujiyono Sularto, R.B. Sularto, RB