International Journal of Law, Crime and Justice
Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice

Legal Protection of Living Law Recognition Reviewed from the Principle of Legality in the Indonesian Criminal Justice System under the Kitab Undang Undang Hukum Pidana (KUHP) Baru Indonesia

Arsoni Andana Sitio (Unknown)



Article Info

Publish Date
05 Jun 2026

Abstract

The recognition of living law within the Indonesian Criminal Code reform represents a significant paradigm shift in the national criminal law system. This issue becomes crucial as it raises fundamental questions regarding legal certainty and the principle of legality in criminal law. This study aims to analyze the legal protection of living law recognition reviewed from the principle of legality within the Indonesian criminal justice system. This research employs a normative legal method with statutory, conceptual, and comparative approaches. Legal materials are derived from primary sources such as statutory regulations, particularly the new Criminal Code, as well as secondary sources including legal doctrines and scholarly works. The findings indicate that the incorporation of living law into the Criminal Code introduces a flexible legal framework that accommodates local wisdom; however, it simultaneously creates potential tensions with the principle of legality, particularly concerning predictability and clarity of criminal norms. This study recommends strengthening normative boundaries and interpretative guidelines to ensure that the application of living law remains consistent with fundamental criminal law principles.

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Journal Info

Abbrev

IJLCJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social ...