Nurani Hukum : Jurnal Ilmu Hukum
Vol. 4 No. 2 Desember 2021

The Legality Principle Application in Indonesian Criminal Law System

Achmad Bustomi (Sekolah Tinggi Ilmu Hukum Painan)



Article Info

Publish Date
15 Dec 2021

Abstract

The application of legality principle in Indonesia criminal law system is the main tool in the enforcement of criminal law. The nature of legal certainty attached to the principle of legality makes criminal law one of the fields of legal science that is certain in the eyes of the law. Because it attaches to clear and firm legal frames, it is an instrument of guidance and limitation in applying concrete cases. This paper analyzes how the principle of legality in criminal law can make the law a certainty. The principle of legality limits in detail and carefully what actions can be punished. The results of the study state that in Indonesia, based on the principle of legality, criminal acts must be regulated in writing. However, some areas still use customary law. Then the nature of criminal law may not apply retroactively.

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Journal Info

Abbrev

nhk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law ...