Jurnal Konstitusi
Vol 17, No 1 (2020)

Hukum yang Hidup dalam Masyarakat dalam Pembaharuan Hukum Pidana Nasional

Pan Mohamad Faiz (Pusat Penelitian dan Pengkajian Perkara Mahkamah Konstitusi Republik Indonesia Jl. Medan Merdeka Barat No. 6 Jakarta)
Muhammad Erfa Redhani (Universitas Islam Kalimantan Muhammad Arsyad Al Banjari Jl. Adhiyaksa No. 2, Kayu Tangi Banjarmasin, Kalimantan Selatan 70123)



Article Info

Publish Date
06 May 2020

Abstract

The question about the existence of the living law in the criminal law reform can at least be done both in juridical and theoretical perspectives. This paper attempts to discuss and present two important perspectives on the living law in the criminal law reform. First, how the position of the living law in the criminal law reform is seen from the perspective of legal theory. Secondly, how far of the living law is gaining justification for contributing to the criminal law reform. Both problems are studied in doctrinal and produce findings as follows: first, the contribution of the living law in the criminal law reform is gaining theoretical strengthening. Secondly, the contributions of the living law in the criminal law reform also obtained not only by national legal instruments, but also by international legal instruments.

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Journal Info

Abbrev

jk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law and another ...