The purpose of writing this journal is to discuss and explain the differences in the principle oflegality contained in the Criminal Code of 1946 with number 1 of 2003 on the implementationof the death penalty. In analyzing this research, the method used is normative juridical withtwo approaches, namely the first using a (statute approach) where the approach is to study thelaws and regulations of a case that has been studied based on the law. Second, namely(conceptual approach) a view of legal concepts, doctrines, and principles regarding legaldevelopment. So with this, it can be seen the differences contained in the Criminal Code of1946 with number 1 of 2003 concerning the death penalty and its usefulness as a guideline indeciding the death penalty.
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