AL WASATH Jurnal Ilmu Hukum
Vol 7 No 1 (2026): AL WASATH Jurnal Ilmu Hukum

Asas Ne Bis In Idem dalam Penegakan Hukum di Indonesia: Analisis Komparatif antara Sitem Hukum Indonesia dan Prancis

Rakha Ahmad Rabani (Universitas Islam Negeri Sunan Gunung Djati)



Article Info

Publish Date
30 Apr 2026

Abstract

The principle of ne bis in idem is a fundamental concept in criminal law that ensures legal certainty and protects human rights from repeated prosecution for the same act. This study aims to conduct a comparative analysis of the application of the ne bis in idem principle within the criminal justice systems of Indonesia and France, as well as its implications for legal certainty and the protection of human rights. The methodology employed in this research is normative legal research, utilizing legislative, conceptual, and comparative approaches. The findings indicate that the application of the ne bis in idem principle in Indonesia still faces various challenges, both normative and practical, primarily due to overlapping legal regimes and inconsistencies in interpretation. In contrast, France applies this principle more consistently through the harmonization of national law with European Union law. This study underscores the importance of strengthening the application of the ne bis in idem principle in Indonesia to ensure legal certainty and a fair legal process.

Copyrights © 2026






Journal Info

Abbrev

alwasath

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

AL WASATH Jurnal Ilmu Hukum is an academic law journal published by the Faculty of Law, Universitas Nahdlatul Ulama Indonesia (UNUSIA). This Journal is opened for academics or professionals and focussed on various legal disciplines such as but not limited to constitutional law, labor law, private ...