Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Vol 6, No 2 (2020)

OVERCRIMINALIZATION DALAM PERATURAN PEMERINTAH NOMOR 9 TAHUN 1975

Adi Syahputra Sirait (IAIN Padangsidimpuan)



Article Info

Publish Date
20 Apr 2021

Abstract

This paper aims to analyze and explain how the state criminalizes through government regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage which is basically an administrative law, therefore it is not allowed to regulate or create constitutional rules. and contains criminal provisions that have the potential to cause overcriminalization. As a normative legal research, this paper uses a conceptual and statutory approach (State Approach). The results of this study concluded that overcriminalization is the criminalization of acts that are not reprehensible and do not fulfill the principle of lex certa, as well as criminalization of pure administrative violations and their threats are not proportional to the seriousness of the alleged offenses.

Copyrights © 2020






Journal Info

Abbrev

almaqasid

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Al-Maqasid Journal is a journal of sharia and civil science, Jurnal Al-Maqasid: Journal of Sharia and Civil Sciences is a journal dedicated to publishing quality articles and research results in the field of sharia and civil science. This journal publishes various articles that are up-to-date ...