Legal Literacy — Learn the significance of legal principles and their role in the legal system. This course also includes a detailed analysis of the Principles of Criminal Law, including the principles of legality, territory, protection, universality, and active nationality, with a special focus on the new Criminal Code.
Understanding Legal Principles
Legal principles are the basic rules or abstract ideas that form the foundation for various regulations within a legal system. According to the Great Dictionary of the Indonesian Language (KBBI), "principle" is a base, foundation, or guideline akin to a sturdy stone foundation for a house. Legal principles can also be understood as truths that serve as the basis or core for thinking, opining, etc. G. W. Paton defines a principle as a broadly formulated idea that is the basis for legal rules or norms. Legal principles are generally not set out in concrete regulations or articles; instead, they underpin and give context to specific regulations and are generally broad or abstract. Therefore, legal principles are crucial in determining the foundation and principles that govern a legal system.
The Role of Legal Principles in the Legal System
Legal principles play a crucial role in the legal system because they are the basic rules or abstract principles that form the foundation for various regulations within the system. They create the framework for law-making, interpretation, and application. Legal principles also help ensure justice, legal certainty, and consistency in legal decision-making. They influence the development of the law and guide the creation of new legal norms. Additionally, legal principles are used to resolve conflicts within the legal system and address discrepancies between legal norms.
Principles of Criminal Law in the New Criminal Code
In her book on the Fundamentals of Criminal Law in Indonesia, Fitri Wahyuni explains that criminal law principles can be categorized into two main groups. First, there are criminal law principles established based on time, and the legality principle is one of them. Second, criminal law principles are based on place and time, including territorial, protective, universal, and personal principles. Here is a further explanation of these principles:
1. Legality Principle
The principle of legality asserts that a criminal act must be regulated by law or a legal rule before an individual commits an offense or engages in such conduct. According to Amir Ilyas in his work "Principles of Criminal Law, Understanding Criminal Acts and Criminal Responsibility as Conditions for Punishment," the concept of the principle of legality includes three important aspects:
- No action can be penalized unless it is regulated beforehand by a rule.
- The determination of a criminal offense must not be based on analogy.
- Criminal law regulations cannot be applied retroactively.
Further, according to Muladi (as cited in Ilyas, 2012:13), the principle of legality as a basis for criminal law clearly aims to achieve several things:
- Strengthen legal certainty.
- Establish justice and fairness for the accused.
- Optimize the preventive function of criminal punishment.
- Prevent abuse of power.
- Reinforce the application of the rule of law principle.
In the context of the New Criminal Code or Law No. 1/2023, the principle of legality is affirmed in Article 1 paragraph (1) of Law 1/2023, which asserts that an act cannot be considered criminal unless based on the provisions of criminal legislation existing before the act was committed.
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