Literasi Hukum - This article explains the use of interpretation in criminal law and some principles that are often used in criminal law analogies in Indonesia.

General Principles and Principles of Interpretation in Criminal Law

In legal discovery activities, one method that is often used is legal interpretation and analogy. There are several general principles regarding interpretation in criminal law. They are:

  1. The principle of proportionality means that a law must balance the means and the purpose.
  2. The Principle of Subsidiarity states that if several alternative solutions are difficult to propose, the solution that causes the least harm must be chosen.
  3. The Principle of Relevance means that the applicability of criminal law only questions deviations in social behavior that deserve reaction or correction from the point of view of criminal law.
  4. The Principle of Decency (Maarten Luther), states that decency 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 favorable to the defendant must be chosen.
  6. The principle of exceptio format regulam, meaning that if a deviation from the general rule is made, then the deviation must be interpreted narrowly.
  7. The principle of titulus est lex and rubrica est lex, the first principle mentioned means that the title of the legislation…