PERLUASAN MAKNA AZAS LEGALITAS DALAM RANCANGAN KUHP 2004 INDONESIA

Tri Yulianto, Tatok (2008) PERLUASAN MAKNA AZAS LEGALITAS DALAM RANCANGAN KUHP 2004 INDONESIA. Other thesis, University of Muhammadiyah Malang.

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Abstract

This law writing told about legality principle which existed in the Indonesia criminal law design 2004 which discuss about the consequence of legality principle, especially material legality principle about law existed in the society. It also discuss abou inhibition existed if the legality principle in Indonesia criminal was applied. In Indonesia criminal law design 2004, especially the legality principle in section 1 of Indonesia criminal law 2004 which has been changed and could be said that it has meaning expansion since section 1 was added by formal and material legality principle. Section 1 verse (1) has formal legality principle was written rule, while material legality principle was unwritten rule. Section 1 verse (3) and (4) contain material legality which recognice the law which lived in society, the basic consideration of a criminal punishment. The consequence of material legality principle was custom law or law which lived in society should be apply as the Five-Principle values and general law principle. It should also compare with the fine punishment category I (section 100 verse (3)). While the inhibition that could be happened was repetition trial (ne bis in idem), the confession to custom law would be created more analogi, while section 1 verse (2) has prohibit the analogy application.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Rayi Tegar Pamungkas
Date Deposited: 12 Jun 2012 02:41
Last Modified: 12 Jun 2012 02:41
URI: http://eprints.umm.ac.id/id/eprint/7193

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