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All Journal Journal of Political And Legal Sovereignty
SETIYONO, Aries
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Law, Crime, Criminology & Criminal Justice

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Implementation of the Legality Principle in the Criminal Justice System of Indonesia AMIR, Firman; MEIFANI, Marina Tresna Ayu; SATRIADI; SETIYONO, Aries; MIKO; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 2 (2023): Journal of Political And Legal Sovereignty (April – June)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i2.139

Abstract

Purpose:The legality principle, a fundamental concept in Indonesian criminal law, underpins the legal framework for societal order. Originating from historical roots, it ensures justice, human rights protection, and transparent law enforcement. Article 1 Paragraph 1 of the Criminal Code solidifies its significance in Indonesian positive law. By examining the historical evolution, implications, and challenges of the legality principle, this article aims to deepen the comprehension of its impact on Indonesian criminal law. The ultimate goal is to contribute to a just and effective judicial system.Methodology:This study employs standard research methods, including a legal literature review and analysis of court decisions, to explore the application of the legality principle in the Indonesian criminal justice system.Findings:The principle enshrined in Article 1 Paragraph (1) of the Criminal Code emphasizes that punishment must align with pre-existing laws. It prohibits retroactive application and analogy use and ensures adherence to formal legal principles. In the Indonesian context, the legality principle is crucial for protecting citizens' rights, maintaining justice, and upholding societal values. Its application intersects with legal concepts like "nulla crimen sine lege," highlighting its significance in shaping the nation's legal landscape.Implication:The study highlights key findings on legal principles in the Indonesian criminal system, emphasizing the centrality of the legality principle, a formalistic approach, and ongoing efforts to integrate material aspects. Challenges include incorporating customary law and potential conflicts between legal systems.
Legal Effectiveness and Legal Functions in Indonesia RAHAYU, Panggih Rangga; ADIYANTO, Bama; MURTI, Jentung Wisnu; SETIYONO, Aries; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.143

Abstract

Purpose: This study aims to describe the Effectiveness of Law and Legal Functions in Indonesia. Law serves as justice, certainty and expediency. In the practice of law administration in Indonesia, there are times when there is a conflict between legal certainty and justice. This research will examine the effectiveness of law and legal functions in Indonesia, based on the object of research to be studied, and then this research will be based on positive law.Methodology:This research uses a descriptive qualitative approach with library research methods. Legal certainty is concrete and tangible, while justice is abstract. Therefore, in solving a legal problem, the values of justice must be prioritized.Findings: The results of this study show that the effectiveness of law enforcement in Indonesia is influenced by several factors, namely the legal factors themselves, law enforcement factors, factors of facilities or facilities that support law enforcement, and community factors.Implication:The influence of law and the concept of purpose: It can be said that the concept of influence means the attitude of action or behavior associated with the rule of law in reality, a positive effect or effectiveness that depends on the purpose or purpose of the rule of law. A legal purpose is only sometimes identically stated in a rule and is not necessarily the real reason for the rule-maker.
Co-Authors ADIYANTO, Bama Amir, Firman Kristhy, Mutia Evi MEIFANI, Marina Tresna Ayu MIKO MURTI, Jentung Wisnu RAHAYU, Panggih Rangga Satriadi