Legal Literacy - Learn the meaning of legal principles and their role in the legal system, as well as an in-depth analysis of criminal law principles, including the principles of legality, territory, protection, universality, and active nationality, with a special review of the new Criminal Code.
Understanding Legal Principles
Legal principles are basic rules or abstract principles that underlie various regulations in the legal system. According to the Kamus Besar Bahasa Indonesia (KBBI), "asas" is a base, foundation, or guideline, like a solid stone for the base of a house. Legal principles can also be interpreted as a truth that is the foundation or basis for thinking, arguing, and so on. G. W. Paton defines a principle as a broadly formulated idea that underlies legal rules or norms. Legal principles are generally not expressed in the form of concrete regulations or articles, but rather are the background of concrete regulations and are general or abstract in nature. Thus, legal principles have an important role in determining the foundations and principles that govern a legal system.
The Role of Legal Principles in the Legal System
Legal principles play an important role in the legal system, because they are basic rules or abstract principles that underlie various regulations in the legal system. They form the framework for the creation, interpretation, and application of law. Legal principles also help in ensuring justice, legal certainty, and consistency in legal decision-making. They also influence the development of law and provide direction for the formation of new legal norms. In addition, legal principles are also used to resolve conflicts in the legal system and overcome differences between legal norms.
Principles of Criminal Law in the New Criminal Code
In his book on the Basics Criminal Law in Indonesia, Fitri Wahyuni explains that the principles of criminal law can be grouped into two main categories. First, there are criminal law principles that are determined based on time, where the principle of legality is one of them. Second, there are criminal law principles that are based on place and time, including the principles of territoriality, protection, universality, and personality. Here is a further explanation of this.
1. Principle of Legality
The principle of legality, also known as the principle of legality, is a principle that affirms that criminal acts must be regulated by laws or legal rules before a person commits a violation or commits the act. 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 has three important aspects, namely:
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