Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom
Indonesian Criminal Code that comes from Dutch heritage has to be reconstructed, because it is not in accordance with the state of Indonesia which is now already independent. One of the important principles in the Criminal Code that needs to be reconstructed is the retroactive principle contained in...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universitas Islam Sultan Agung, Doctoral Program of Law Science Faculty
2018-02-01
|
| Series: | International Journal of Law Reconstruction |
| Online Access: | http://jurnal.unissula.ac.id/index.php/lawreconstruction/article/view/2310 |
| _version_ | 1818652747318165504 |
|---|---|
| author | Sri Endah Wahyuningsih Muchamad Iksan |
| author_facet | Sri Endah Wahyuningsih Muchamad Iksan |
| author_sort | Sri Endah Wahyuningsih |
| collection | DOAJ |
| description | Indonesian Criminal Code that comes from Dutch heritage has to be reconstructed, because it is not in accordance with the state of Indonesia which is now already independent. One of the important principles in the Criminal Code that needs to be reconstructed is the retroactive principle contained in Article 1 paragraph (2) of the Criminal Code. The law can be retroactive as long as it benefits the defendant, not until the convicted person. The purpose of this research is to evaluate retroactive principle in Criminal Code seen from perspective value of religious wisdom, and ideal reconstruction of retroactive principle in next Criminal Code in accordance with perspective value of religious wisdom. Approach method in this research was done with normative juridical, the data used were secondary data by doing the extracting data bibliography, and data analysis were done by using qualitative descriptive method. Based on the values of religious wisdom, especially from the perspective of Islamic law in the case of any change of laws and regulations, in principle, non-retroactive principle (non-retroactive) is applied, but in certain cases the principle can be disregarded in accordance with the principles of "dlarar" and " maslahat ". The ideal reconstruction of the retroactive principle in the case of a change of laws and regulations after an act has occurred, new laws and regulations shall be applied in accordance with prevailing laws and regulations in favor of the producer and to the benefit of the public for certain offenses determined by Constitution. |
| first_indexed | 2024-12-17T02:26:55Z |
| format | Article |
| id | doaj.art-dfbf801245484e81b8659de667853f67 |
| institution | Directory Open Access Journal |
| issn | 2580-9245 |
| language | English |
| last_indexed | 2024-12-17T02:26:55Z |
| publishDate | 2018-02-01 |
| publisher | Universitas Islam Sultan Agung, Doctoral Program of Law Science Faculty |
| record_format | Article |
| series | International Journal of Law Reconstruction |
| spelling | doaj.art-dfbf801245484e81b8659de667853f672022-12-21T22:07:04ZengUniversitas Islam Sultan Agung, Doctoral Program of Law Science FacultyInternational Journal of Law Reconstruction2580-92452018-02-011117719810.26532/ijlr.v1i1.23102008Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdomSri Endah Wahyuningsih0Muchamad Iksan1UNISSULA SemarangFaculty of Law University of Muhammadiyah SurakartaIndonesian Criminal Code that comes from Dutch heritage has to be reconstructed, because it is not in accordance with the state of Indonesia which is now already independent. One of the important principles in the Criminal Code that needs to be reconstructed is the retroactive principle contained in Article 1 paragraph (2) of the Criminal Code. The law can be retroactive as long as it benefits the defendant, not until the convicted person. The purpose of this research is to evaluate retroactive principle in Criminal Code seen from perspective value of religious wisdom, and ideal reconstruction of retroactive principle in next Criminal Code in accordance with perspective value of religious wisdom. Approach method in this research was done with normative juridical, the data used were secondary data by doing the extracting data bibliography, and data analysis were done by using qualitative descriptive method. Based on the values of religious wisdom, especially from the perspective of Islamic law in the case of any change of laws and regulations, in principle, non-retroactive principle (non-retroactive) is applied, but in certain cases the principle can be disregarded in accordance with the principles of "dlarar" and " maslahat ". The ideal reconstruction of the retroactive principle in the case of a change of laws and regulations after an act has occurred, new laws and regulations shall be applied in accordance with prevailing laws and regulations in favor of the producer and to the benefit of the public for certain offenses determined by Constitution.http://jurnal.unissula.ac.id/index.php/lawreconstruction/article/view/2310 |
| spellingShingle | Sri Endah Wahyuningsih Muchamad Iksan Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom International Journal of Law Reconstruction |
| title | Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom |
| title_full | Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom |
| title_fullStr | Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom |
| title_full_unstemmed | Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom |
| title_short | Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom |
| title_sort | reconstruction of the retroactive principle in the indonesian criminal law code based on the value of religious wisdom |
| url | http://jurnal.unissula.ac.id/index.php/lawreconstruction/article/view/2310 |
| work_keys_str_mv | AT sriendahwahyuningsih reconstructionoftheretroactiveprincipleintheindonesiancriminallawcodebasedonthevalueofreligiouswisdom AT muchamadiksan reconstructionoftheretroactiveprincipleintheindonesiancriminallawcodebasedonthevalueofreligiouswisdom |