VIVA THEMIS- Jurnal Ilmu Hukum dan Humaniora
Vol 1, No 1 (2018): VIVA THEMIS

DEKONTRUKSI TERHADAP ASAS LEGALITAS, PERIMBANGAN PERLINDUNGAN TERHADAP KEPENTINGAN PELAKU DAN KORBAN TINDAK PIDANA

Derry Angling (STIH. Sumpah pemuda Palembang)
Yuli Asmara (Politeknik Sriwiaya Palembang)



Article Info

Publish Date
25 Jan 2018

Abstract

One of the basic principles of criminal law is the principle of legality. The principle of legality has a very fundamental position and therefore becomes one of the most important principles in the criminal law. This principle, among others, regulates about what and how an action or deed can be categorized as a criminal offense and based on what proposition. The introduction of the legality principle in jurisprudence initially serves normatively to standardize one's behavior so that it can be categorized as a crime (offense) or not. But in its development, the principle of legality is also used as a tool to arbitrarily set legal policies by the authorities. This is between the form of the problem of absolutism of the principle of legality. regarding the process of Decontructuring to the Legality Principle, in relation to the treatment of Protection Balance on the Interests of Criminal Actors and Victims, where the authors will only use Normative legal methodology, that is, to analyze only the literature materials without conducting the hypothesis testing (library research). By reforming the substance of the law, the potential for improving the legal and legal structure of the law becomes systematic and more directed. Among the legal substances that need attention are Legal Legality Principles.From the description and formulation of the author, then the principle of legality has a narrower range and scope is more narrow when compared with the idea nullum crimen sine poena. Legality principle can only be used to demand "mala prohibita", while the idea of "nullum crimen sine poena" can be used to prosecute "mala prohibita", and criminal extra ordinaria.

Copyrights © 2018






Journal Info

Abbrev

THS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Viva Themis: Jurnal Ilmu Hukum [E-ISSN: 2598-9626] is the Journal of Legal Studies published by the Faculty of Law of Universitas Sang Bumi Ruwa Jurai, Lampung, INDONESIA. Its main aim to disseminate critical and original analysis from researchers and academic practitioners on various contemporary ...