Awang Long Law Review
Vol. 9 No. 1 (2026): Awang Long Law Review

THE PRINCIPLE OF LEGALITY IN THE INDONESIAN CRIMINAL CODE AND THE SEYCHELLES CRIMINAL CODE (A COMPARATIVE STUDY)

Kuswardani (Muhammadiyah University of Surakarta, Indonesia)
Marisa Kurnianingsih (Muhammadiyah University of Surakarta, Indonesia)
Andria Luhur Prokosa (Muhammadiyah University of Surakarta, Indonesia)
Fahmi Fairuzzaman (Muhammadiyah University of Surakarta, Indonesia)



Article Info

Publish Date
26 Sep 2026

Abstract

Both the Indonesian and Seychellois legal systems are hybrid system or mixed. Those two countries accepted the codification of the criminal code. In Indonesia, Law Number 1 of 2023 concerning the Criminal Code (KUHP) was promulgated on January 2, 2023, and will come into effect on January 2, 2026, replacing the previous code. Whereas the Seychelles Penal Code (Chapter 158) was enacted on 1 February 1955. This study aims to compare the formulation of the principle of legality within these two penal codes. This is referred to as normative research, utilizing secondary data. Research findings indicate that the principle of legality within the Indonesian Criminal Code (KUHP) is clearly formulated and accommodates the law living in society (customary law). In order to ensure that such living law possesses legal certainty and meets the lex scripta requirement, customary criminal offenses must be clearly defined or formally enacted by regional legislative bodies. In the Seychelles Criminal Code, the principle of legality is not explicitly formulated; instead, it is enshrined in the national constitution specifically in Article 18 regarding human rights. The study recommends that be made binding jurisprudence on lower-court judges in similar cases to ensure consistency in rulings.

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Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...