The Role of Comparative Criminal Law Systems and the Characteristics of the Legal Family in Indonesia after the Enactment of the New Criminal Code
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 11
Abstract
This research discusses the comparison of the criminal law system and the characteristics of the legal family in Indonesia after the enactment of the new kuhp. This research uses a normative juridical approach method, namely by examining / analyzing secondary data in the form of legal materials, especially primary legal materials and secondary legal materials. The specification in this research is analytical descriptive research. In studying comparative law there are two benefits, namely Theoretical Benefits Can support the development of legal science in general and criminal law in particular, covering two things, namely, closely related to research in the field of legal philosophy and legal history; closely related to the understanding and development of national law. And Practical benefits Provide positive input for the development and formation of law in general and criminal law in particular. The results of the research show that the criminal law system in Indonesia until now (before the enactment of the New Criminal Code) belongs to the Romano-Germanic Family of law. This can be seen from the identical characteristics between the characteristics possessed by the criminal law system in Indonesia and the characteristics of the Romano-Germanic Legal Family. After the enactment of the New Criminal Code, there is a shift in the legal family, which was originally the Romano-Germanic legal family or civil law has shifted/changed to a mixed legal family or legal mix system or civil law and religious law.
Authors and Affiliations
Haffian Abdi. M, Pujiyono
Keywords
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- EP ID EP751206
- DOI 10.47191/ijsshr/v7-i11-26
- Views 79
- Downloads 0
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