PERGESERAN ASAS LEGALITAS FORMAL KE FORMAL DAN MATERIAL DALAM PEMBAHARUAN HUKUM PIDANA NASIONAL
Journal Title: YUSTISIA JURNAL HUKUM - Year 2015, Vol 4, Issue 1
Abstract
Legality principle is a fundamental basis in the criminal law. The principle of legality which is in accordance with Penal Code Article 1 (1), the law stateskhat there are not any actions that are made into a punisment without first all, have any basis of the rule which passed the actions completely. There are so many actions based on customery law as deviant behaviours and should be made into a criminal case (custom delict), but law enforcement can not follow it up because they are contrary to formal legality. And if there are customery law (custom delict) which will be made into criminal case by the court is in accordance with statutes No. 1/Drtl1951, the finding of a court seems unfair fro conventional norms. In Penal Code renewal, the legislative assembly have taken notes of conventional norms. In Penal Code Concept formal legality principle which has been practiced in Wet Boek van Straf Recht (WvS) system has been softened or widened into legality principle of material.
Authors and Affiliations
I Dewa Made Suartha
Keywords
Related Articles
- EP ID EP425681
- DOI 10.20961/yustisia.v4i1.8640
- Views 122
- Downloads 0
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