Principle of Legality as a Core of Indonesian Criminal Law

The Role of Courts in Upholding the Principle of Legality

The courts in Indonesia play a crucial role in upholding the Principle of Legality. They are responsible for ensuring that all laws, regulations, and policies comply with this principle and are consistent with the Constitution. When citizens or organizations believe that their rights have been violated by a law or regulation, they can challenge it in court.

The court will then review the case and determine whether the law violates the Constitution, and if so, declare it unconstitutional. This power of judicial review ensures that no one is above the law and that all actions taken by those in positions of authority are legal and constitutional. By upholding the Principle of Legality, courts in Indonesia protect citizens' fundamental rights and preserve the integrity of the legal system as a whole.

The principle of Legality is enshrined in Indonesia’s Constitution, Article 1(3), as the cornerstone of the country's legal system. It means that all laws and regulations must be clear, certain, and transparent, and that everyone has a right to legal protection against arbitrary decisions made by those in power. The court's role, therefore, is critical in upholding this principle by ensuring that all laws and regulations are consistent with it. Additionally, the courts' independence ensures they have the authority to declare laws unconstitutional if they violate the principles of legality. Through these actions, the courts ensure that Indonesia's legal system is fair and equal for all citizens.

Failing to adhere to the Principle of Legality can lead to serious violations of human rights and an unjust legal system. For instance, arbitrary arrests or detentions without any legal basis violate the right to liberty and security of person. The use of excessive force by law enforcement officials or torture during interrogations violates the prohibition on cruel, inhuman, or degrading treatment or punishment. Furthermore, ignoring the principle can result in discriminatory treatment and a lack of access to justice for vulnerable groups within society.

Upholding the Principle of Legality ensures that all individuals are provided equal protection under the law, regardless of their position in society. Ultimately, it’s imperative for both individuals and governments in Indonesia to recognize and adhere to this principle as a way of promoting justice and protecting fundamental human rights.