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All Journal Jurnal Farmasi Komunitas Hang Tuah Law Journal Lex Journal : Kajian Hukum dan Keadilan
Mutmainnah, Luluk
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Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Public Health

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Journal : Hang Tuah Law Journal

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Dualistic View in the Formulation of Criminal Offenses in the National Criminal Code Cahyono, Anton; Vahini Mahiratna, Gusti Ayu Gita Dharma; Mutmainnah, Luluk; Aniqoh, Ihda; Kusuma, Indra Fredika
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.248

Abstract

This article discusses the shift in criminal law perspectives in Indonesia from monist to dualist within the National Criminal Code (KUHP). These reforms were driven by the need for a better criminal legal framework in line with societal developments. The aim of criminal law reform is to achieve legal certainty, justice, and utility. The reasons for reform are influenced by political, sociological, psychological, and practical aspects. Reform efforts include legal discoveries through interpretation, analogy, and legal refinement, covering substantive, structural, and cultural aspects of the law. The National Criminal Code of Indonesia has shifted its perspective from monist to dualist. Monist theory unifies the wrongful nature and culpability as elements of a criminal act, while dualist theory separates them. The National Criminal Code affirms this separation but still formulates the subjective element of negligence in specific criminal acts. This shift in perspective has implications for law enforcement processes in courts. Prosecutors are not required to prove intent, and courts must balance criminal acts and criminal liability. However, there is a need for the development and understanding of these concepts by law enforcement, legal advisors, and judges to maintain a balance between legal certainty and justice. In conclusion, the National Criminal Code adopts a dualist perspective to strengthen the role of criminal law. The separation of criminal acts and criminal liability is expected to enhance the balance between legal certainty and justice in criminal court decisions in Indonesia.
Co-Authors Aniqoh, Ihda Begishev, Ildar Cahyono, Anton Cristian, Benny Husna, Rozaanah Al Kaliky, Aprillia Kusuma, Indra Fredika Maharani, Laksita Umi Nurhadiyanti, Eva Agustin Pertiwi, Aviarista Mufidah Regina, Tiara Ageng Ariesta Saputri, Lena Vahini Mahiratna, Gusti Ayu Gita Dharma Wahyu Utami, Wahyu Zharifah, Jasmine Aprilia Nur