CD Tesis

Formulasi Asas Legalitas Dalam Pembaharuan Hukum Pidana Indonesia Dikaitkan Dengan Hukum Adat

---

Indonesia as a legal state with a civil law system adheres to the principle
of legality as a fundamental principle in criminal law. The application of the
absolute and rigid legality principle as stated in Article 1 paragraph (1) of the
Criminal Code does not solve legal problems in society, as happened in
Pekanbaru Riau, an old man named Syafrudin (69) was charged with violating
Article 98 (1) of Law 32 of 2009 because he burned land in his own garden of 20
x 20 square meters.
The application of the principle of legality is absolutely rigid without
regard to the legal values that live in society, it is necessary to conduct further
studies considering that law enforcement is not only enforcing the law but also
upholding justice, especially in relation to customary law.
How is the formulation of the legality principle of Article 1 (1) of the
Criminal Code related to Indonesian customary law? As long as the application
of the principle of legality is carried out in an absolute and rigid manner, there
will still be many acts which according to customary law and the values that exist
in society are not criminal acts but are considered criminal acts by the state, and
vice versa for actions that are disgraceful in society but cannot be sanctioned by
the state. state law because it is not clearly regulated and written in state law
which in the end does not achieve justice.
This study will discuss the principle of legality associated with Indonesian
customary law, besides that the principle of legality will argue that it is absolute
and also still rigid where in customary law there are still norms that are not
criminal acts so that in this paper we can argue the principle of legality against
customary norms in Indonesia.
Keyword : Formulating- Legality Principle- Customary Law

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

1810246451

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2022

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

1810246451

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

ILMU HUKUM

Info Detail Spesifik

-

Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar