Principles of Legality in Criminal Law from Perspective Fair Enforcement
1R. Sugiharto, 2Sri Endah Wahyuningsih, 3Gunarto
1Doctoral Program Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
2,3Faculty of Law, Sultan Agung Islamic University Semarang, Indonesia
DOI : https://doi.org/10.47191/ijsshr/v5-i1-04

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This study discusses the principle of legality in criminal law from the perspective of fair law enforcement. The formulation of the problem put forward is how to regulate the principle of legality in current criminal law and how the principle of legality in criminal law is currently from the perspective of law enforcement that is just. The conclusion of this study is that the regulation of the principle of legality in criminal law is currently regulated in Article 1 paragraph (1) of the Criminal Code which is the principle of formal legality, which requires an act committed to be determined as a criminal act if it is first stated in the legislation that valid at the time the act was committed, from the perspective of fair law enforcement, the legality principle in criminal law currently cannot be used as a basis for carrying out fair law enforcement, because in this legality principle it implies that an act is qualified as a mere criminal act. only based on legislation (written legal regulations). In the opinion of the author, that law enforcement that adheres to the principle of legality can only achieve legal certainty, but has not been able to realize justice. Justice should be realized through law enforcement which is not just formal justice according to the formulation of the law, but also substantial justice, namely justice that is truly in accordance with the sense of community justice based on the living law.


The Principle of Legality, Criminal Law, Law Enforcement, Justice


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