Jurnal Hukum dan Pembangunan


RENEWAL OF CRIMINAL LAW: DRAFT OF INDONESIAN CRIMINAL CODE, SPIRIT OF CODIFICATION AND ITS EFFECTS ON LAW HARMONIZATION

Octora, Rachel (Unknown)



Article Info

Publish Date
30 Sep 2016

Abstract

Law-making process needs to be observed by public, and also by legal scholar, the purpose is to avoid inconsistency between new regulation and existing regulation. This paper will describe about Draft of Indonesian Criminal Code. Countries that use Civil Law System, especially in criminal law, principle of legality becomes the most important principle. Indonesia currently designing recodification of the Criminal Code and aspire to have their very own criminal codification. Draft of Indonesian Criminal Code is now still waiting to be enacted. It will potentially cause disharmony in the implementation process, because of the probability that one criminal act regulated by more than one regulation. Based on this research, Will reach the conclusions those criminal acts which have been regulated in another regulation outside the code, do not need to be re-regulated inside the code because it will potentially overlapping and confusing in the implementation process. If the Draft of Indonesian Criminal Code finally enacted, the way to harmonizing regulations inside and outside the code has to be based on transitional regulation inside the Code which states the applicable regulation is one that causing benefit for the offender.

Copyrights © 2016






Journal Info

Abbrev

publication:jhp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, ...