Principles of Legality in Criminal Law from Perspective Fair Enforcement
Journal Title: International Journal of Social Science And Human Research - Year 2022, Vol 5, Issue 02
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.
Authors and Affiliations
R. Sugiharto, Sri Endah Wahyuningsih, Gunarto
Keywords
Related Articles
- EP ID EP704048
- DOI 10.47191/ijsshr/v5-i1-04
- Views 50
- Downloads 0
Factors Explaining Catastrophic Health Expenditure and HouseholdImpoverishment in Cameroon
The objective of this article is to study the exposure of Cameroonian households to the financial risk linked to catastrophic health expenditure. The study population is made up of households and the data used come from...
The Conflict of South China Sea and Impact on Indonesia’s National Interest
The South China Sea is a strategic water area and abundant in natural resources. China's historical claims and activities in the South China Sea have given rise to territorial disputes between China and countries around...
Cybercrime in the Digital Age: Challenges and Implication for Prevention
The development of the internet and the widened access to computer technology has not only granted new opportunities for economic activities but has also created opportunities for those involved in illegal activities on...
Elementary Teacher Competency Development Management: A Multi Site Study at SDN Sungai Lulut 1 and SDN Keliling Benteng Ilir Regency
The quality of teachers is closely related to the quality of their competence. Teacher competence must always be improved along with the development of science and technology as well as the demands of society and the wor...
Reconstruction of Free Legal Services Regulations by Notaries
Notaries as public officials appointed by the authorities have the right and authority to make authentic deeds and get paid as a form of professionalism. Notaries are also obliged to provide legal assistance free of char...