Islamic Criminal Law Review on the Duality of Principles of Legality in the Draft of Indonesia Criminal Law Code

Lasmadi, Sahuri and Rofiq, Ahmad and Sutra Disemadi, Hari and Solahudin, Alfatih (2020) Islamic Criminal Law Review on the Duality of Principles of Legality in the Draft of Indonesia Criminal Law Code. International Journal of Innovation, Creativity and Change, 14 (2). pp. 942-958. ISSN 2201-1323

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Abstract

Renewal in the field of criminal law provides various breakthroughs including the recognition of the law that lives during society as a source of law. Therefore, the principle of legality experiences a shift in meaning from what was originally only a formal legal principle and is now coupled with the material legal principle. This normative research aims to examine the principle of material legality from the perspective of Islamic criminal law. Therefore, this study uses normative juridical methods that prioritise secondary data, namely primary legal materials, secondary legal materials, and tertiary legal materials. Secondary data were collected by library techniques and analysed by an analytical descriptive method. The results of this study indicate that the duality of the principle of legality is compatible with the concept of the principle of legality in Islamic criminal law. This suitability lies in the balance between two interests, namely, individual interests and public interests.

Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	L
Date Deposited:	22 Mar 2021 18:31
Last Modified:	22 Mar 2021 18:31
URI:	https://repository.unja.ac.id/id/eprint/17698

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