Jurnal Hukum IUS QUIA IUSTUM
Vol. 25 No. 3: SEPTEMBER 2018

Overcriminalization dalam Perundang-Undangan di Indonesia

Mahrus Ali (Fakultas Hukum Universitas Islam Indonesia)



Article Info

Publish Date
17 Jan 2019

Abstract

Criminalization in legislation tends to increase, and most of it deals with administrative violations with the potential to cause over-criminalization. This study aims to analyze the concept of over-criminalization and its various forms in criminal legislation. As normative legal research, this study uses a conceptual and statutory approach. The results show that over-criminalization is generally conceptualized in relation to criminalization. The forms also include re-criminalization of an act having been banned by other laws, formulation  of  offenses  without  sufficient  error  requirements,  criminalization  of  impeccable  deeds, formulation of offenses without fulfilling the principle of lex certa, criminalization of pure administrative violations, and criminal penalties incomparable to the seriousness of the offenses. The forms of over-criminalization in legislation are obvious in different articles in Law on Plantations, Law Environmental Protection, and Management, and Law on Mineral and Coal Mining.

Copyrights © 2018






Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...