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All Journal Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Jurnal Teologi Rai
Albri Labaka
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Essence of the Principles of Legality and Law Living in a Post-Criminal Law Reform Society Albri Labaka
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.859

Abstract

This research aims to analyze the essence of the principle of legality and the recognition of living law in society after the reform of the Indonesian National Criminal Code (KUHP). The study employs normative or doctrinal juridical research, which relies on a legislative and conceptual approach. The principle of legality is a fundamental doctrine in criminal law, emphasizing that no individual may be punished without pre-existing legal provisions. This principle is crucial not only as an instrument to guarantee legal certainty but also as a safeguard of human rights against arbitrary and repressive actions of the state. Traditionally, the principle of legality contains several core elements, namely lex scripta (law must be written), lex certa (law must be clear), lex stricta (prohibition of analogy), and lex praevia (non-retroactivity of law). These elements ensure that criminal provisions are accessible, predictable, and prevent abuse of power. However, with the enactment of the new Criminal Code in 2023, the meaning and application of this principle have shifted. The reform introduces a transition from a strictly formal legality principle toward a material legality principle. This development is particularly reflected in Article 2, paragraph (1) of the new Criminal Code, which explicitly recognizes living law (hukum yang hidup dalam masyarakat) as a legitimate source of criminal law. The recognition of living law expands the scope of legality beyond statutory law to include unwritten norms that are deeply rooted in local communities and cultural traditions. On the one hand, this reform represents an effort to align national criminal law with Indonesia’s socio-cultural realities. On the other hand, it also raises critical debates regarding legal certainty, uniformity, and potential conflicts with universal human rights standards.
FILSAFAT DAN TEOLOGI:: MENEMUKAN PERSENYAWAAN EPISTEMOLOGI MELALUI GAGASAN FILSAFAT KEILAHIAN Chrisnasius Djaga; Albri Labaka
Jurnal Teologi RAI Vol. 2 No. 3 (2025): Jurnal Teologi RAI - Edisi Desember
Publisher : STT-RAI Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63276/jurnalrai.v2i3.127

Abstract

Philosophy and theology are two disciplines that share a close historical and conceptual relationship, despite employing different approaches to understanding truth and knowledge. This study aims to examine the epistemological dualism between philosophy and theology to identify a convergence point, referred to as divine philosophy. The research employs a qualitative method with a literature-based approach, focusing on a conceptual analysis of the relationship between philosophy and theology from an epistemological perspective. The findings indicate that philosophy and theology often exist in epistemological tension. From an epistemological standpoint, the study emphasizes the integration of reason and faith as two complementary sources of knowledge: reason interprets revelation and empirical experience logically. In contrast, faith provides certainty and moral orientation toward divine truth. Divine philosophy emerges as a point of convergence that bridges rational and transcendental dimensions, proving relevant for critical and reflective theological education. Moreover, philosophy and theology mutually reinforce each other in shaping Christian values: philosophy offers a rational foundation for faith, whereas theology provides spiritual guidance that directs moral and existential action. This approach enables the development of a holistic, rational, reflective, and transformative faith, while also facilitating academic dialogue between contemporary philosophical and theological traditions. 
Co-Authors Chrisnasius Djaga