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All Journal Lambung Mangkurat Law Journal Jurnal Konstitusi Jurnal Selat Hasanuddin Law Review Jurnal Wawasan Yuridika Nagari Law Review Unes Law Review Jurnal Simbur Cahaya Warta Pengabdian Andalas: Jurnal Ilmiah Pengembangan Dan Penerapan Ipteks RIO LAW JURNAL UNES Journal of Swara Justisia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Konstitusi Jurnal Hukum Pidana dan Kriminologi
Elwi Danil
Fakultas Hukum Universitas Andalas Jl. Kampus Unand Limau Manis Padang, Sumbar
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Journal : Nagari Law Review

 1 
A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context Nani Mulyati; Topo Santoso; Elwi Danil
Nagari Law Review Vol 1 No 1 (2017): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (537.054 KB) | DOI: 10.25077/nalrev.v.1.i.1.p.56-73.2017

Abstract

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.
Pengaturan Hukum Pidana Adat dalam KUHP Baru dari Perspektif Asas Legalitas Yonatan Iskandar Chandra; Elwi Danil; Aria Zurnetti
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.93-106.2023

Abstract

The discussion on Adat Criminal Law has returned to attention after promulgating the National Criminal Code. This is because the provisions regarding Adat Criminal Law are unknown and are not contained in the Criminal Code, which was previously in effect in Indonesia. The regulation of Adat Criminal Law in the form of positive law resulted in a change in the form of Adat Criminal Law itself, which was previously unwritten law to become written law. The change in form is also related to the Legality Principle, which is still maintained in the National Criminal Code. Based on this, it can be stated that the formulation of the problem in this study: (1) How is the concept of Adat criminal law regulation in the National Criminal Code? (2) What is the relationship between the nature of the Adat Criminal Law as unwritten law and its provisions in the National Criminal Code?; and (3) How is the regulation of Adat Criminal Law in the National Criminal Code according to the perspective of the Legality Principle? The method used in this research is normative legal research with statutory and conceptual approaches. The nature of the exploratory research uses primary, secondary, and tertiary legal sources. Based on the results of the study, it can be concluded that regulations regarding Adat Criminal Law in the National Criminal Code are as stipulated in Article 2 of the National Criminal Code, where Adat Crimes are laws that live in society in the form of unwritten law, and are still valid and developing in people's lives in Indonesia. However, the regulation of Adat Criminal Law in the National Criminal Code will cause problems when viewed from the perspective of the Legality Principle. The formulation that the Adat Criminal Law should be legalized through local law contradicts the essence of Adat Law itself and is the legality principle.
Co-Authors A. Irzal Rias Adrian Bima Putra Anak Agung Gede Sugianthara Angga Pratama Aria Zurnetti Ayu Efritadewi Azmi Fendri Dharma Yuda Putra Edita Elda Fadillah Sabri Hendri Joni Indah Ikhwan Indah Nadilla Irsal Habibi Irwandi Syahputra Ismansyah Ismansyah Iwan Kurniawan Iwan Kurniawan Jenny Susmita Susilo Khairani Khairani Lovely Fortuna Muhammad Hasbi Nani Mulyati Nazif Firdaus Oksep Adhayanto, Oksep Oktarina, Neneng Pengki Sumardi Putry, Muthia Anggela Mawadhaty Rahma Noviyanti Sherly Mutya Shinta Agustina Sukmareni Sukmareni, Sukmareni Suryadinata LBN Gaol Suryadinata LBN Gaol Topo Santoso Vananda Putra Yonatan Iskandar Chandra Yoserwan Yoserwan Yuslim Yuslim Zainul Daulay