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All Journal Justitia et Pax SOL JUSTICIA Jurnal Jatiswara JUSTISI: Journal of Law Jurnal Kewarganegaraan Berajah Journal Arus Jurnal Sosial dan Humaniora Gudang Jurnal Multidisiplin Ilmu Indonesian Journal of Law Research ARIMA : Jurnal Sosial Dan Humaniora Jurnal Hukum Mimbar Justitia HUMANIORASAINS
Vincentius Patria Setyawan
Universitas Atma Jaya Yogyakarta
Religion Aerospace Engineering Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Journal : Berajah Journal

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ANALYSIS OF LIVING LAW INTEGRATION IN INDONESIAN CRIMINAL LAW REFORM Itok Dwi Kurniawan; Vincentius Patria Setyawan
Berajah Journal Vol. 4 No. 2 (2024): May
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v4i2.328

Abstract

The principle of formal legality promoted by the WvS-NI translation of the Indonesian Criminal Code (Old Criminal Code) has laid down statutory regulations (written law) as the only basis for implementing criminal law provisions. The principle of formal legality has closed the existence of the living law of Indonesian society which has existed since the Indonesian state was still in the form of kingdoms. The purpose of writing this article is to analyze the integration of living law into criminal law in updating the principle of legality, which was originally only a formal legality principle, but now also includes a material legality principle. This article was written using a normative legal research method with a conceptual approach. The result of this research is that the integration of living law as a source of criminal law to implement criminal law provisions is a positive step to provide space for the application of the original laws of the Indonesian nation. However, in its implementation, comprehensive regulations are needed, especially regarding the institutionalization of living law because its nature is local, while criminal law is national. Apart from that, there is also a need for a common perception regarding the measures of justice so as to create legal certainty regarding the application of living law in criminal law.
Co-Authors A Danardana Gregorius Widiartana Hyronimus Rhiti Itok Dwi Kurniawan Itok Dwi Kurniawan Itok Dwi Kurniawan