Legal Literacy - This article explains the use of interpretation in criminal law and some principles that are often used in criminal law analogy in Indonesia.

Principles and General Principles of Interpretation in Criminal Law

In legal discovery activities, one of the methods often used is interpretation and legal analogy. There are several general principles/principles regarding interpretation in criminal law. Namely:

  1. The Principle of Proportionality, which means that there is a balance between the method and purpose of a law.
  2. The Principle of Subsidiarity, which means that if there are difficulties in presenting several alternative solutions, then the solution that causes the least harm must be chosen.
  3. The Principle of Relevance, means that the applicability of criminal law which only questions deviations in social behavior that deserve reaction or correction from a criminal law perspective.
  4. The Principle of Propriety (Maarten Luther), states that propriety must test juridical logic.
  5. The principle of in dubio pro reo, means that if there is doubt, the provision or explanation that is most beneficial to the defendant must be chosen.
  6. The principle of exceptio format regulam, means that if a deviation from the general rule is made, then the deviation must be interpreted narrowly.
  7. The principles of titulus est lex and rubrica est lex, the first principle means that the title of the legislation determines, while the second principle means that the rubric or part of the legislation determines.
  8. Material Principle, which concerns unwritten rules that refer to or refer to an important socio-ethical value, a certain ideal or legal ideal.