VOlUME 05 ISSUE 01 JANUARY 2022
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
Google Scholar Download Pdf
ABSTRACT
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.
KEYWORDS:The Principle of Legality, Criminal Law, Law Enforcement, Justice
REFERENCES
1) I. K. Seregig, T. Suryanto, B. Hartono, E. Rivai, and E. Prasetyawati, “Preventing the acts of corruption through legal
community education,” J. Soc. Stud. Educ. Res., vol. 9, no. 2, pp. 138–159, 2018.
2) D. Koenig, “The Enforcement of the International Law of the Sea by Coastal and Port States,” ZaöRV, vol. 62, pp. 1–16,
2002.
3) S. Isra, Yuliandri, F. Amsari, and H. Tegnan, “Obstruction of justice in the effort to eradicate corruption in Indonesia,”
Int. J. Law, Crime Justice, vol. 51, pp. 72–83, 2017.
4) S. E. Wahyuningsih, A. Indah, and M. Iksan, “The implementation of restorative justice to children as perpetrator in
criminal investigation in Indonesia,” Test Eng. Manag., vol. 83, no. 2746, pp. 2746–2752, 2020.
5) R. Bukido, “Paradigm and Reality of Law Enforcement,” Junal Ilm. Al Syir’ah, vol. 4, p. 11, 2006.
6) R. A. Wibowo, “When anti-corruption norms lead to undesirable results: learning from the Indonesian experience,”
Crime, Law Soc. Chang., vol. 70, no. 3, pp. 383–396, 2018.
7) S. E. Wahyuningsih, “Islamic Law Values Transformation in the Reconstruction of the Legality Principle of Indonesian
Criminal Code,” pp. 145–156.
8) A. Maksum and Surwandono, “Suffer to survive: The Indonesian illegal worker’s experiences in Malaysia and Japan,” J.
Soc. Res. Policy, vol. 8, no. 1, pp. 101–123, 2017.
9) D. Mulyadi, “Concurrent Regional Elections Phenomenon as a Political Recruitment in Indonesia,” J. Din. Huk., vol. 18,
no. 1, p. 87, 2018.
10) R. Lovell, M. Luminais, D. J. Flannery, R. Bell, and B. Kyker, “Describing the process and quantifying the outcomes of
the Cuyahoga County sexual assault kit initiative,” J. Crim. Justice, vol. 57, no. May, pp. 106–115, 2018.
11) D. Sudaryanti, E. G. Sukoharsono, Z. Baridwan, and A. D. Mulawarman, “Critical Analysis on Accounting Information
Based On Pancasila Value,” Procedia - Soc. Behav. Sci., vol. 172, pp. 533–539, 2015.
12) B. Latzer, “Subcultures of violence and African American crime rates,” J. Crim. Justice, vol. 54, no. December 2017, pp.
41–49, 2018.
13) J. Yang, E. C. McCuish, and R. R. Corrado, “Foster care beyond placement: Offending outcomes in emerging adulthood,”
J. Crim. Justice, vol. 53, no. September, pp. 46–54, 2017.
14) Y. F. Wismayanti, P. O’Leary, C. Tilbury, and Y. Tjoe, “Child sexual abuse in Indonesia: A systematic review of
literature, law and policy,” Child Abus. Negl., vol. 95, no. June, p. 104034, 2019.
15) K. Pistor, “The value of law,” Theory Soc., 2020.
16) A. T. Vazsonyi, M. Javakhishvili, and A. J. Ksinan, “Routine activities and adolescent deviance across 28 cultures,” J.
Crim. Justice, vol. 57, no. January, pp. 56–66, 2018.
17) L. Roy, A. G. Crocker, T. L. Nicholls, E. Latimer, and C. A. Isaak, “International Journal of Law and Psychiatry
Predictors of criminal justice system trajectories of homeless adults living with mental illness,” Int. J. Law Psychiatry,
vol. 49, pp. 75–83, 2016.
18) B. Kingsbury et al., “International Law and Justice Faculty Advisory Committee:” Law Contemp. Probl., vol. 68, p. 15,
2004.
19) L. Tibaka and R. Rosdian, “The Protection of Human Rights in Indonesian Constitutional Law after the Amendment of
the 1945 Constitution of The Republic of Indonesia,” Fiat Justisia, vol. 11, no. 3, pp. 268–289, 2018