RENEWAL OF CRIMINAL LAW: DRAFT OF INDONESIAN CRIMINAL CODE, SPIRIT OF CODIFICATION AND ITS EFFECTS ON LAW HARMONIZATION
Abstrak: Law-making process
need to be observed by public, and also by legal scholar, the purpose is to
avoid inconsistency between new regulation and existing regulation. This paper
will describe about Draft` of Indonesian Criminal Code. Countries that use
Civil Law System, place the written regulation as the primary source of law.
Especially in criminal law, principle of legality becomes the most important
principle. Indonesia currently designing recodification of the Criminal Code
and aspire to have their very own criminal codification. Draft of Indonesian Criminal Code is now
still waiting to be enacted. An interesting part is the Draft of Indonesian
Criminal Code wants to cover the entire criminal act, which actually has been
regulated in another written regulation outside the code. It will potentially
cause disharmony in the implementation process, because of the probability that
one criminal act regulated by more than one regulation.
This paper is a result of normative juridical research concerning legal
theories and legal principles in criminal law field. This research has done by placing
legal theories and legal principles as major premises, and implementing those
into the fact as minor premises for making final conclusion.
Based on this research, Will reach the conclusions those criminal acts
which have been regulated in another regulation outside the code, do not need
to be re-regulated inside the code because it will potentially overlapping and
confusing in the implementation process. If the Draft of Indonesian Criminal
Code finally enacted, the way to harmonizing regulations inside and outside the
code has to be based on transitional regulation inside the Code which states
the applicable regulation is one that causing benefit for the offender.
KATA KUNCI: Legality
principle' codification; draft of Indonesia Criminal Code; harmonization of
regulation
Penulis: Rachel Octora
Kode Jurnal: jphukumdd161054
