To see the other types of publications on this topic, follow the link: Principle of legality.
Journal articles on the topic 'Principle of legality'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Principle of legality.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Pradiva, I. Gusti Ngurah Bayu, and Diah Ratna Sari Hariyanto. "PERLUASAN ASAS LEGALITAS DALAM RKUHP SEBAGAI UPAYA PEMBAHARUAN HUKUM PIDANA INDONESIA." Kertha Semaya : Journal Ilmu Hukum 10, no. 8 (2022): 1766. http://dx.doi.org/10.24843/ks.2022.v10.i08.p05.
Full textAbstract:
Tujuan studi ini yakni guna mengidentifikasi serta mengerti latar belakang perluasan makna asas legalitas dalam RKUHP serta memahami apakah perluasan asas legalitas dalam RKUHP tidak bertentangan dengan makna dari asas legalitas itu sendiri. Riset ini memanfaatkan jenis riset hukum normatif, pendekatan statute approach, pendekatan historis, serta pendekatan sosiologis. Hasil riset memperlihatkan bahwa perubahan esensi asas legalitas yang mencakup asas legalitas materiel tersebut sebenarnya merupakan wujud dari semangat untuk mengubah KUHP warisan kolonial Belanda dengan hukuman pidana yang lebih sejalan dengan prinsip-prinsip luhur bangsa Indonesia. Perluasan makna asas legalitas dalam RKUHP dapat menimbulkan benturan dan pertentangan namun, hal itu dapat diatasi dengan peran dari Pemerintah Daerah setempat dengan mengeluarkan Peraturan Daerah dengan memasukan unsur pidana adat di dalamnya, sehingga mampu untuk mengefektifkan penerapan asas legalitas materiel yang sejalan dengan prinsip-prinsip yang terdapat pada UUD 1945, Pancasila, HAM, serta asas hukum umum yang diterima oleh khalayak umum.
 The purpose of this study is to identify and understand the background of the expansion of the meaning of the legality principle in the RKUHP and to understand whether the expansion of the legality principle in the RKUHP does not conflict with the meaning of the legality principle itself. This research utilizes the types of normative legal research, the statute approach, the historical approach, and the sociological approach. The results of the research show that the change in the essence of the principle of legality which includes the principle of material legality is actually a manifestation of the spirit to change the KUHP inherited from the Dutch colonial with criminal penalties that are more in line with the noble principles of the Indonesian nation. The expansion of the meaning of the principle of legality in the RKUHP can cause conflicts and contradictions, however, this can be overcome by the role of the local government by issuing a regional regulation that includes elements of customary law in it, so as to be able to effectively implement the principle of material legality in line with the principles laid down. contained in the 1945 Constitution, Pancasila, Human Rights, and general legal principles accepted by the general public.
2
Anjari, Warih. "Kedudukan Asas Legalitas Pasca Putusan Mahkamah Konstitusi Nomor 003/PUU-IV/2006 dan 025/PUU-XIV/2016." Jurnal Konstitusi 16, no. 1 (2019): 1. http://dx.doi.org/10.31078/jk1611.
Full textAbstract:
Korupsi musuh bersama yang harus diberantas sampai dengan akarnya. Putusan MK No. 003/PUU-IV/2006 dan No. 025/PUU-XIV/2016 mempengaruhi pemberantasan korupsi, karena dengan kedua putusan tersebut tindak pidana korupsi sulit dibuktikan. Terjadi perbedaan penerapan asas legalitas berdasarkan putusan mahkamah konstitusi dan yurisprudensi. Putusan mahkamah konstitusi menerapkan asas legalitas formil sedangkan yurisprudensi mengembangkan asas legalitas materiil. Legalitas formil mencegah perlakuan kesewenang-wenangan penguasa, sedangkan legalitas materiil mengakomodir hukum tidak tertulis yang tumbuh dan berkembang dari bangsa Indonesia sendiri. Putusan mahkamah konstitusi berperan sebagai pengontrol penerapan hukum kebiasaan sebagai dasar pemidanaan. Rumusan masalah dalam tulisan ini adalah: pertama, bagaimanakah kedudukan asas legalitas pasca putusan MK Nomor 003/PUU-IV/2006 dan Nomor 025/PUU-XIV/2016? Kedua, bagaimanakah model asas legalitas yang dapat mengakomodir pemidanaan berdasarkan hukum kebiasaan? Metode penelitiannya menggunakan metode penelitian yuridis normatif. Kesimpulannya adalah: putusan MK Nomor 003/PUU-IV/2006 dan Nomor 025/PUU-XIV/2016 memperkuat kedudukan asas legalitas secara formal, sedangkan perkembangan yurisprudensi mengarah pada penerapan asas legalitas materiil. Model asas legalitas untuk hukum pidana materiil Indonesia adalah asas legalitas formil-materiil. Penerapan legalitas materiil dengan syarat, yaitu: 1. Bersifat kasuistis; 2. Berlaku untuk orang tertentu; 3. Secara substansi masih diakui oleh masyarakat adat dengan ditunjukkan adanya masyarakat dan lembaga adat; 4. Hakim harus bersifat hati-hati karena tujuannya mencapai keadilan substantif; 5. Pengadilan negara bersifat ultimum remidium.Corruption of common enemies that must be eradicated up to their roots. MK decisions No.003/PUU-IV/2006 and No.025/PUU-XIV/2016 affect the eradication of corruption, because with these two decisions corruption is difficult to prove. There has been a difference in the application of the legality principle based on the decision of the constitutional court and jurisprudence. The constitutional court ruling applies the principle of formal legality while jurisprudence develops the principle of material legality. Formal legality prevents treatment of arbitrariness of rulers, while material legality accommodates unwritten law that grows and develops from the Indonesian nation itself. The constitutional court verdict acts as the controller of the application of customary law as a basis for punishment. The formulation of the problem in this paper is: first, what is the position of the legality principle after the Constitutional Court decision Number 003/PUU-IV/2006 and Number 025/PUU-XIV/2016? Second, what is the model of the legality principle that can accommodate punishment based on customary law? The research method uses normative juridical research methods. The conclusion is: MK’s decision Number 003/PUU-IV/2006 and Number 025/PUU-XIV/2016 strengthen the position of the principle of legality formally, while the development of jurisprudence leads to the application of principles of material legality. The legality model for Indonesian material criminal law is the principle of formal-material legality. Application of material legality with conditions, namely: 1. Caseistic; 2. Valid for certain people; 3. Substantially still recognized by indigenous peoples as indicated by the existence of indigenous peoples and institutions; 4. Judges must be careful because the objective is to achieve substantive justice; 5. The state court is ultimum remidium
3
Metelkov, Alexander N. "CORRELATION OF THE PRINCIPLES OF LAW: EXPEDIENCY IN LEGALITY." IKBFU's Vestnik. Series: Humanities and Social Sciences, no. 1 (2025): 24–33. https://doi.org/10.5922/vestnikhum-2025-1-3.
Full textAbstract:
The article addresses the pressing issue of the relationship between legality and expediency as principles of law. The objective of the study is to determine the correlation between these principles within legal science. Based on a comparative analysis of scholarly perspectives on expediency and legality as principles of law, and employing the method of abduction, the author attempts to define the place of the principle of expediency within the multi-level system of legal principles, including supreme, general legal, inter-branch, and sectoral principles. Special attention is given to the increasingly significant ideas of I. Kant concerning the principle of expediency. As a result of the study, the author proposes a definition of the principle of expediency as a substantive element underlying the complex systemic concept of legality. Given the polysemous nature of legality, the author critically evaluates the notion that legality can be viewed in its entirety as a form of expediency and supports the view that the principle of expediency (or reasonableness) constitutes one of the structural general legal principles of legality, forming an integral part thereof. The principle of expediency may also function as a principle within individual branches of law. The study substantiates the conclusion that the operation of the principles of legality and expediency manifests distinctively at various levels of legal theory — general legal, inter-branch, and branch-specific.
4
SYED, Hassan PhD. "Legality of US Drone Strikes." International Journal of Arts and Social Science 3, no. 1 (2023): 49–55. https://doi.org/10.5281/zenodo.7715926.
Full textAbstract:
The fundamental principles of international law are the apex legal definitions that sit at the very top of the legal theory. Professor Alain Pellet has highlighted the distinction between the fundamental principles of international law and the general principles of international law.1Pellett (2000) states that the general principles are reflected in the municipal laws as various subsets of international law principles such as adherence to the universal human rights as part of the municipal legislation for human rights. The ‘fundamental’ nature is derived from international treaties that are the underline body giving it the credence as the apex body of law. These fundamental principles of international law are, for example, the principle of equality and sovereignty of nations, the principle of the prohibition on the use of force, the principle of the threat to the use of force, the principle of human dignity etc. The United States (US) ha
5
Jiwanti, Ainun. "The Legality Principle's Expansion in the National Criminal Code as a Manifestation of the Idea of Balance (Tawazun)." Journal of Transcendental Law 6, no. 2 (2024): 87–100. https://doi.org/10.23917/jtl.v6i2.6452.
Full textAbstract:
This paper aims to analyze the concept and justification of the legality principle’s expansion in the Indonesian National Criminal Code and how its expansion is a manifestation of the idea of balance in the Indonesian criminal law’s renewal. This paper employed doctrinal legal research, i.e., a process to find legal regulations, principles, as well as doctrines to answer the legal issues being faced. Based on the research results, the formulation of the legality principle (formal) in the Criminal Code (WvS) was developed based on the certainty principle which is difficult to adapt with the development of the living law in society. Therefore, the National Criminal Code expands the meaning of the legality principle from having formal characteristics into a legality principle with material characteristics. It is specifically formulated in Article 2 clause (1) of Law No. 1 of 2023 on the National Criminal Code. According to this regulation, the legal source which states that an action is categorized as a criminal action based on the formal legality principle (based on the law as referred to in Article 1 clause (1)) does not decrease the application of the living law in society which determines that a person can be penalized even though his actions are not regulated in legal regulations. The insertion of the material legality principle in the National Criminal Code has the objective that the living law is also acknowledged as a legal source. The formulation of the material legality principle aims to protect the standard of values and norms that live in society to fulfill a sense of substantial justice. This is to create a balance between “legal certainty” and “justice”. Tujuan dari penelitian ini yaitu untuk menganalisis bagaimana konsep dan justifikasi perluasan asas legalitas dalam KUHP Nasional dan bagaimana perluasan asas legalitas sebagai wujud ide keseimbangan dalam pembaharuan hukum pidana Indonesia. Penelitian ini menggunakan penelitian hukum doktrinal, yaitu suatu proses untuk menemukan suatu aturan, prinsip, maupun doktrin-doktrin hukum guna menjawab isu hukum yang dihadapi. Berdasarkan hasil penelitian, formulasi asas legalitas (formil) dalam KUHP (WvS) dibangun di atas pondasi kepastian yang sulit beradaptasi dengan perkembangan hukum yang hidup di masyarakat. Oleh karena itu, KUHP Nasional memperluas makna asas legalitas dari yang sifatnya formil ke dalam asas legalitas yang sifatnya materil, tepatnya yaitu dirumuskan pada Pasal 2 ayat (1) KUHP Nasional. Menurut Pasal 2 ayat (1) KUHP Nasional, sumber hukum untuk menyatakan suatu perbuatan sebagai tindak pidana yang didasarkan pada asas legalitas formil (berdasarkan undang-undang sebagaimana dimaksud Pasal 1 ayat (1)) tidak mengurangi berlakunya hukum yang hidup dalam masyarakat yang menentukan bahwa seseorang patut dipidana walaupun perbuatan tersebut tidak diatur dalam undang-undang. Dimasukkannya asas legalitas materiel ke dalam KUHP Nasional bertujuan agar hukum yang hidup (the living law) juga diakui sebagai sumber hukum. Formulasi asas legalitas materiel bertujuan untuk melindungi standar nilai dan norma yang hidup di masyarakat demi memenuhi rasa keadilan yang substantif, sehingga akan terjalin keseimbangan antara “kepastian hukum” dan “keadilan”.
6
Mahfudz, Yudia. "KAJIAN PRINSIP KEADILAN HUKUM DALAM ASAS LEGALITAS HUKUM PIDANA ISLAM." Jurnal Res Justitia: Jurnal Ilmu Hukum 5, no. 1 (2025): 341–50. https://doi.org/10.46306/rj.v5i1.217.
Full textAbstract:
The principle of legality is one of the principles that has the most basic position, making it a main principle in criminal law. The principle of legality in criminal law has limitations in advocating values related to legal justice. The aim of this research is to find out how the benefits of the principles of legality of Islamic criminal law are used as a basis for updating the content of current law. The method used in this research is Normative Law which discusses the principles related to legal justice contained in the principles of legality of Islamic criminal law which will be researched comprehensively and exploratoryly. The results of this research state that the principle of legality of Islamic criminal law has a strong relationship with religious principles because it comes from a clear source, namely the Al-Qur'an. So, this principle has power related to spirituality and flexibility. Islamic criminal law has flexibility in its implementation because it has classifications regarding the efficiency of non-criminal acts.
7
Sitorus, Tonggo, Muhammad Rafandi Harahap, Ferdinand Sembiring, and Syaiful Asmi Hasibuan. "Development of the Principle of Legality in Indonesian Criminal Law." International Journal of Multidisciplinary Approach Research and Science 2, no. 01 (2023): 278–85. http://dx.doi.org/10.59653/ijmars.v2i01.418.
Full textAbstract:
Legality is the oldest principle of criminal law and is found in almost all national criminal laws worldwide. The existence of this principle is to protect citizens from the arbitrariness of the authorities. The principle of legality in criminal law has a central role in ensuring legal certainty for society because this principle requires the existence of written regulations regarding a criminal act to carry out a punishment. The aim is to understand the principles of legality according to criminal law in Indonesia. The research used normative juridical methods with data collection methods through a literature study. The principle of legality in Indonesian criminal law is a fundamental principle. The principle of legality in criminal law is essential to determine whether or not a criminal law regulation can treat a criminal act that has occurred. Applying the principle of good legality in national criminal law is not rigid, mainly to tackle crimes against human rights.
8
Stoian, Alexandru, and Teodora Drăghici. "The Principle Of Legality, Principle Of Public Law." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (2015): 512–15. http://dx.doi.org/10.1515/kbo-2015-0087.
Full textAbstract:
Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.
9
Rapajić, Milan, and Dejan Logarušić. "The principle of legality of the administration." Zbornik radova Pravnog fakulteta Nis 63, no. 101 (2024): 69–89. http://dx.doi.org/10.5937/zrpfn0-50968.
Full textAbstract:
The contemporary administrative law is based on a set of legal principles which permeate all institutes of administrative law, giving them meaning and creating a harmonious whole. The first and most important pillar of the administrative law normative system is the principle of legality, which implies that the administration is subjected to the applicable laws. Administration is a creation of law; it is organized, regulated and acts in compliance with the law. The basic function of the administration is to implement the laws by observing the law in force. It cannot perform its functions beyond the limits set by the law, nor contrary to the law. In all modern states, the principle of legality in general, and the principle of legality of administration in particular, are the cornerstone for the development of the rule of law. The principle of legality rests on the legal activities of the administration. Under the constitution and the law, administration has a dual role: to adopt a specific administrative legislative act, and to adopt of a normative act (by-law). The concept of legality applied to an administrative act implies that it is impermissible to use coercive means without a justifiable legal ground, which stems from the executive character of an authoritative act which unilaterally determines the parties' rights and obligations. In this sense, the legality of an administrative act must include all its essential elements: jurisdiction, form, basic rules of procedure, purpose, and even substantive law issues. When it comes to normative acts, the principle of legality works in two directions: existential and substantive. The paper presents the concept and the content of the principle of legality of the administration, the relationship between the principle of legality and discretionary assessment, as well as the relationship between the principle of legality and the principle of proportionality, as one of the more recent principles in European continental public law. The authors outline the typical violations of the principle of legality and sanctions for those violations.
10
Maskur, Muhammad Azil, Pujiyono -, Irma Cahyaningtyas, Wildan Azkal Fikri, and Firsta Rahadatul ‘Aisy. "Ideological Struggle in The Principle of Material Legality of the New Indonesian Criminal Code and its Future." Lex Scientia Law Review 9, no. 1 (2025): 1473–99. https://doi.org/10.15294/lslr.v9i1.19743.
Full textAbstract:
This article emerged from the authors’ hypothesis that the principle of legality in the new Indonesian criminal code is hard to conduct because it should refer to 4 groundworks, namely Pancasila, UUD NRI 45, human rights, and the general principles of law. To prove this hypothesis, the authors use the theory of ideology to analyze the battle of values, ideas, and motives in the four. Based on the authors’ reading, the new Indonesian criminal code has expanded the principle of legality into two, namely, the principle of formal and material legality. In the next one, the authors found an ideological struggle in the principle of material legality of the new Indonesian criminal code, which includes the struggle of personal, political, and legal policy ideologies. So, the principle of material legality is challenging to enact because the competing ideologies negate each other. Finally, the authors recommend that the principle of legality be enforced by allowing power-sharing in legal jurisdiction between the Indonesian government and Indigenous law people.
11
Varuhas, Jason N. E. "THE PRINCIPLE OF LEGALITY." Cambridge Law Journal 79, no. 3 (2020): 578–614. http://dx.doi.org/10.1017/s0008197320000598.
Full textAbstract:
AbstractThis article examines the principle of legality, a principle of statutory interpretation that requires clear statutory words to oust basic common-law norms. The principle is of growing importance in the Supreme Court's public law jurisprudence, yet it has garnered little scholarly attention. This article offers a comprehensive account of the principle, unpacking its core elements and identifying key controversies. The article reveals that lying beyond this apparently straightforward principle is a complex and elaborate jurisprudence, which raises fundamental issues of principle, policy and judicial legitimacy.
12
RUSU, Ion. "Arhitectura juridică a interferenţei funcţionale a principiului echităţii cu principiul legalităţii." Studii Juridice Universitare 1 2021 (November 2, 2021): 109–31. https://doi.org/10.5281/zenodo.5639434.
Full textAbstract:
<strong>Legal Architecture of Functional Interference of the Principle of Equity With the Principle of Legality</strong> This scientific approach includes an analytical analysis on the link between the principle of equity and the principle of legality made through the prism of the degree of doctrinal recognition and their legal validation, which consequently reflects the diversity of theoretical concepts on those principles. The legal non-recognition of the principles of legality and equity in the modernized Civil Code was the causal support to make a doctrinal inventory regarding the identification of those principles in the realization and defence of civil rights. The conceptual support of this study focused on identifying legal and doctrinal landmarks that validate the interference of these principles and which was detached from their functional aspects and legal inaccuracies that suppress the applicative substitution of the magistrate for situations when the law is obscure or generates unfair situations. The elucidation of the bridges (interconnections) between the principle of equity and the principle of legality allowed the appreciation of the applicative value of each principle in the realization and defence of civil rights and their position in the hierarchy of the system of fundamental principles of law in general and civil law in particular. Acest demers ştiinţific cuprinde o analiză analitică asupra legăturii dintre principiul echităţii şi principiul legalităţii realizată prin prisma gradului de recunoaştere doctrinară şi validarea lor legală, ceea ce în consecinţă vine să reflecte şi diversitatea conceptelor teoretice asupra principiilor respective. Nerecunoaşterea legală a principiilor legalităţii şi a echităţii în Codul civil modernizat a constituit suportul cauzalistic de a face o inventariere doctrinară în privinţa identificării principiilor respective la realizarea şi apărarea drepturilor civile. Suportul conceptual al acestui studiu a fost axat pe identificarea reperelor legale şi doctrinare ce vin să valideze interferenţa acestor principii şi care a fost desprinsă din aspectele lor funcţionale şi inadvertenţele legale care le suprimă substituirea aplicativă a magistratului pentru situaţiile când legea este obscură sau generează unele situaţii inechitabile. Elucidarea punţilor (punctelor, reperelor) de legătură între principiul echităţii şi principiul legalităţii a permis aprecierea valorii aplicative a fiecărui principiu în parte la realizarea şi apărarea drepturilor civile şi stabilirea poziţiei acestora în ierarhia sistemului principiilor fundamentale ale dreptului în general şi a dreptului civil în special.
13
Fadilah, Ahmad Arif, and Dwi Nur Fauziah Ahmad. "ANALYSIS OF THE EXPANSION OF THE PRINCIPLE OF LEGALITY IN RENEWING CRIMINAL LAW." Domus Legalis Cogitatio 1, no. 1 (2024): 21–35. http://dx.doi.org/10.24002/dlc.v1i1.7640.
Full textAbstract:
The principle of legality is the most basic principle in the application of material criminal law. The principle of legality adhered to in Indonesian criminal law was originally the principle of formal legality. Meanwhile, in the renewal of criminal law embodied in the National Criminal Code, the principle of legality adopted also includes the principle of material legality. This article aims to analyze the expansion of the legality principle in the renewal of Indonesian criminal law and understand the meaning of the expansion of the legality principle. This article was written using a normative legal research method with a statutory approach. The result of this study is that the expansion of the legality principle in criminal law renewal is an effort to balance the fulfillment of legal objectives between legal certainty in the formal legality principle and justice in the material legality principle.
14
Božić, Darko. "Basic principles in the enforcement procedure in the Law of Republic of Srpska." Megatrend revija 17, no. 2 (2020): 109–24. http://dx.doi.org/10.5937/megrev2002109b.
Full textAbstract:
This paper presents an analysis of the basic principles on the law on enforcement procedure in the Republic of Srpska. In this context, the paper contains the following principles: principle constitutionality and legality, principle of disposition and official proceeding, principle of urgency and efficiency, right to be heard, principle of protection of the debtor, principle of formal legality, principle of time priority, principle of availability of data of the property of the debtor, principle of written form, principle of orality, principle of immediacy, principle of publicity. The aim of the paper is to show through the basic principles that there are significant differences in the range of solutions in relation to the previous legislation.
15
de Souza Dias, Talita. "Accessibility and Foreseeability in the Application of the Principle of Legality under General International Law: A Time for Revision?" Human Rights Law Review 19, no. 4 (2019): 649–74. http://dx.doi.org/10.1093/hrlr/ngz029.
Full textAbstract:
ABSTRACT The principle of legality is one of the most fundamental principles of domestic and international criminal law. It features in some of the most prominent human rights instruments, and its application has been scrutinised by various human rights courts and international criminal tribunals. One of the principal tests used to check compliance with that principle measures the accessibility and foreseeability of the criminal law at the time of the conduct. Yet a close analysis of this test reveals a number of fundamental flaws that seem to have escaped the eyes of most commentators and practitioners. These have led to outcomes of dubious legality. In this article, I argue that those problems are serious enough to justify a revision or a substitution of that test for one which is more in line with the rationales and dictates of the legality principle.
16
MEHRABYAN, Samvel A. "Correlation of legality principle and parties’ equality principle in the claim proceedings." Current Issues of the State and Law, no. 1 (2022): 76–85. http://dx.doi.org/10.20310/2587-9340-2022-6-1-76-85.
Full textAbstract:
We consider the relationship between legality principle and parties’ equality principle in the claim proceed-ings. We believe that the basis for ensuring the actual implementation of this principle is a correct understanding of the interdependence of these principles. We focus special attention on the interdependence of legality and equality of the parties, which in absolute terms can be regarded as a sign of complementarity. We aim to analyze the relationship between legality principle and parties’ equality principle in the claim proceedings. Tasks: to study the concept and significance of the principle of “legality” and “equality”, to consider the problems of implementing these principles of the Code of Civil Procedure of the Russian Federation, to propose improvements for the process of implementing these principles in the Code of Civil Procedure of the Russian Federation. We establish that the reason for non-compliance with certain requirements, leading to the abandonment of the statement of claim, may be the unfair (un) intentional activities of some interested parties. Our contribution to the study is to identify a procedural defect in Article 147 of the Code of Civil Procedure of the Russian Federation. This article does not directly contain a prohibition for the court at the stage of preparation for the court session, to hold a court session without proper notification of the parties, which is a violation of the principles of legality and equality of the parties in the proceedings. On this basis, we consider it possible to correct and (or) supplement Article 147 of the Code of Civil Procedure of the Russian Federation with part 3. The need for these changes is justified by the importance of ensuring real equality of parties.
17
Nurdin, Fransiskus Saverius. "REKONSTRUKSI ASAS LEGALITAS DALAM HUKUM PIDANA BERDASARKAN PRINSIP KEADILAN." Refleksi Hukum: Jurnal Ilmu Hukum 1, no. 1 (2016): 1. http://dx.doi.org/10.24246/jrh.2016.v1.i1.p1-14.
Full textAbstract:
<p><strong>Abstrak</strong><br />Salah satu prinsip penting dalam hukum pidana terdapat di dalam asas legalitas yang<br />menyatakan bahwa, “tidak ada suatu perbuatan yang dapat dipidana kecuali atas kekuatan<br />undang-undang pidana yang ada sebelum perbuatan itu dilakukan.” Asas legalitas<br />merupakan manifestasi sisi negatif dari hukum itu sendiri. Asas Legalitas tidak pada posisi<br />sebagai bagian dari hukum yang sebenarnya (sisi positif) di mana hukum bukanlah sekedar<br />perkara undang-undang atau daftar peraturan melainkan sesuatu yang tertanam pada<br />jiwa manusia, sesuatu yang merupakanbagian integral dari pengalaman manusia. Asas<br />legalitas lahir sebagai klimaks perjuangan manusia yang menghendaki adanya hukum<br />pidana yang tertulis dalam bentuk undang-undang, untuk membatasi kesewenangan<br />penguasa dan hakim yang menetapkan hukum menurut perasaan mereka sendiri. Penelitian<br />ini merupakan penelitian hukum (legal research) yang menawarkan pengubahan sisi negatif<br />dari asas legalitas dengan merekonstruksi rumusanya menjadi “tiada perbuatan pidana<br />tanpa pidana menurut perundang-undangan pidana dan hukum yang hidup dalam<br />masyarakat (the living law)”.</p><p><strong>Abstract</strong><br />One of the key principles of criminal law contained in the principle of legality, which asserts<br />that “there is no punishable crime without any criminal law that existed before the act was<br />committed.” The principle of legality is a manifestation of the negative side of the law itself. The principle of legality is not in the position as part of the actual law (positive side) where the law is not just contained in written law and regulations, but rather embedded in the human spirit and as an integral part of the human experience. The principle of legality emerged as the climax of human struggle that requires the existence of written criminal law in the form of legislation, to limit the abuse of authority and the judge who establishes the law according to their own belief. This research is a legal research that offers the alteration of the negative side of the principle of legality by reconstructing its formulation that “there is no punishable crime without any crime previously formulated in the criminal law and the laws that live in the community (the living law)”.<br /><br /></p>
18
Schmidt-Abmann, Eberhard. "L’administration et le principe de légalité." Revue française d'administration publique 78, no. 1 (1996): 279–90. http://dx.doi.org/10.3406/rfap.1996.3038.
Full textAbstract:
Administration and the Principle of Legality. As in any System governed by the rule of law, the administration in Germany is obliged to abide by the principle of legality. The application of legal norms which are binding upon the administration (such as the Constitution, EC Law, statute law, general principles of administrative law, administrative regulations and customary law) are often complex, given the specific nature of administrative activity. Moreover, the principle of legality is faced with new challenges linked to the emergence of new enquiries into the capacity of law to regulate activity.
19
Itok Dwi Kurniawan. "The Meaning of the Principle of Material Legality in the Reform of Indonesian Criminal Law." IJOLARES : Indonesian Journal of Law Research 1, no. 2 (2023): 37–40. http://dx.doi.org/10.60153/ijolares.v1i2.22.
Full textAbstract:
The principle of legality is a very important principle in criminal law. The principle of legality plays an important role in the enactment of material criminal law rules and is the basis for the validity of acts categorized as criminal acts. The purpose of this study is to determine the meaning of the principle of material legality in the reform of Indonesian criminal law. This article was prepared using the normative legal research method. The results showed that the reform of criminal law with the enactment of Law Number 1 Year 2023 on the Criminal Code did not only change the formulation of the principle of legality substantially, but changed the formal principle of legality which was originally far from the sense of public justice, expanded into a material principle of legality that better guarantees the sense of public justice. This article will discuss the material legality principle as a renewal of the formal legality principle, which aims to expand the reach of the legality principle in providing protection to the community from the negative consequences of criminal acts.
20
Nishchymna, S. О. "LEGALITY AS THE PRINCIPLE OF LEGAL RESPONSIBILITY." Scientific Herald of Sivershchyna. Series: Law 2023, no. 2 (2023): 97–105. http://dx.doi.org/10.32755/sjlaw.2023.02.097.
Full textAbstract:
The article is devoted to the characteristics of the principle of legality in the context of its application as a principle of legal responsibility, which is inherent in all branches of law, including financial law and tax law, as a sub-branch of the latter. An in-depth study of the principles of legal responsibility allows practitioners, using the assets of scientists, to direct efforts to eliminate gaps in the law. Key words: legal responsibility, principles, legality, financial law, tax law.
21
AMIR, Firman, Marina Tresna Ayu MEIFANI, SATRIADI, Aries SETIYONO, MIKO, and Mutia Evi KRISTHY. "Implementation of the Legality Principle in the Criminal Justice System of Indonesia." Journal of Political And Legal Sovereignty 1, no. 4 (2024): 123–29. https://doi.org/10.38142/jpls.v1i4.139.
Full textAbstract:
Purpose:The legality principle, a fundamental concept in Indonesian criminal law, underpins the legal framework for societal order. Originating from historical roots, it ensures justice, human rights protection, and transparent law enforcement. Article 1 Paragraph 1 of the Criminal Code solidifies its significance in Indonesian positive law. By examining the historical evolution, implications, and challenges of the legality principle, this article aims to deepen the comprehension of its impact on Indonesian criminal law. The ultimate goal is to contribute to a just and effective judicial system.Methodology:This study employs standard research methods, including a legal literature review and analysis of court decisions, to explore the application of the legality principle in the Indonesian criminal justice system.Findings:The principle enshrined in Article 1 Paragraph (1) of the Criminal Code emphasizes that punishment must align with pre-existing laws. It prohibits retroactive application and analogy use and ensures adherence to formal legal principles. In the Indonesian context, the legality principle is crucial for protecting citizens' rights, maintaining justice, and upholding societal values. Its application intersects with legal concepts like "nulla crimen sine lege," highlighting its significance in shaping the nation's legal landscape.Implication:The study highlights key findings on legal principles in the Indonesian criminal system, emphasizing the centrality of the legality principle, a formalistic approach, and ongoing efforts to integrate material aspects. Challenges include incorporating customary law and potential conflicts between legal systems.
22
AMIR, Firman, Marina Tresna Ayu MEIFANI, SATRIADI, Aries SETIYONO, MIKO, and Mutia Evi KRISTHY. "Implementation of the Legality Principle in the Criminal Justice System of Indonesia." Journal of Political And Legal Sovereignty 1, no. 2 (2023): 123–29. http://dx.doi.org/10.38142/jpls.v1i2.139.
Full textAbstract:
Purpose:The legality principle, a fundamental concept in Indonesian criminal law, underpins the legal framework for societal order. Originating from historical roots, it ensures justice, human rights protection, and transparent law enforcement. Article 1 Paragraph 1 of the Criminal Code solidifies its significance in Indonesian positive law. By examining the historical evolution, implications, and challenges of the legality principle, this article aims to deepen the comprehension of its impact on Indonesian criminal law. The ultimate goal is to contribute to a just and effective judicial system.Methodology:This study employs standard research methods, including a legal literature review and analysis of court decisions, to explore the application of the legality principle in the Indonesian criminal justice system.Findings:The principle enshrined in Article 1 Paragraph (1) of the Criminal Code emphasizes that punishment must align with pre-existing laws. It prohibits retroactive application and analogy use and ensures adherence to formal legal principles. In the Indonesian context, the legality principle is crucial for protecting citizens' rights, maintaining justice, and upholding societal values. Its application intersects with legal concepts like "nulla crimen sine lege," highlighting its significance in shaping the nation's legal landscape.Implication:The study highlights key findings on legal principles in the Indonesian criminal system, emphasizing the centrality of the legality principle, a formalistic approach, and ongoing efforts to integrate material aspects. Challenges include incorporating customary law and potential conflicts between legal systems.
23
Manalu, Juita, Martono Anggusti, and Debora Tambunan. "Enforcement of the Principle of Legality to Living Law as Legal Basis in the Positivism of Displacement Customary Law." Golden Ratio of Data in Summary 4, no. 2 (2024): 786–92. http://dx.doi.org/10.52970/grdis.v4i2.716.
Full textAbstract:
Living law is an inseparable part of the Indonesian criminal law system. However, in perspective of legality principle, living law causing pros and cons. The idea of regulating the living law in Indonesian, as the basis for criminal prosecution, for unregulated act is still debated. The issue that will be analysed in this article is how to apply living law/adat law as a basis for prosecuting criminals related to the existence of legality principle and, how to measure the enforcement of living law in criminal process. Based on the analysis using the principle of legality, it can be concluded that living law, as basis for prosecution, is contrary to principle of legality and protection of human rights. The enactment of living law can potentially create legal uncertainty and abuse of power by the government. Law enforcement against living law is also difficult to implement, because it is tied to the four indicators. Therefore, the living law provision better not be placed as part of general principles in the Indonesian Penal Code Bill. Keywords: Code Bill: Legality principle; Living law.
24
Juita Sari Manalu and Budiman Sinaga. "Penegakan Asas Legalitas Terhadap Living Law Sebagai Dasar Hukum dalam Positivisme Pemindahan Hukum Adat." Advokasi Hukum & Demokrasi (AHD) 2, no. 2 (2025): 152–62. https://doi.org/10.61234/ahd.v2i2.77.
Full textAbstract:
Living law is an inseparable part of the Indonesian criminal law system. However, in perspective of legality principle, living law causing pros and cons. The idea of regulating the living law in Indonesian, as the basis for criminal prosecution, for unregulated act is still debated. The issue that will be analysed in this article is how to apply living law/adat law as a basis for prosecuting criminals related to the existence of legality principle and, how to measure the enforcement of living law in criminal process. Based on the analysis using the principle of legality, it can be concluded that living law, as basis for prosecution, is contrary to principle of legality and protection of human rights. The enactment of living law can potentially create legal uncertainty and abuse of power by the government. Law enforcement against living law is also difficult to implement, because it is tied to the four indicators. Therefore, the living law provision better not be placed as part of general principles in the Indonesian Penal Code Bill. Keywords: Code Bill: Legality principle; Living law.
25
Pirnazarov, Abdurashid Abdulakhaevich. "INDEPENDENCE OF JUDGES IS ONE OF THE GUARANTEES OF ACQUITTAL VERDICT." CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES 2, no. 2 (2023): 27–30. https://doi.org/10.5281/zenodo.7627799.
Full textAbstract:
The state in its activity is based on the principles of social justice and legality, and the activity of the courts also belongs to these principles. In the judicial sphere, the principle of legality is expressed in its own form, i.e.: in the administration of justice, this principle is combined with the principle of independence of judges, and they act based on the requirements of the applicable law, their legal consciousness and inner confidence in making judgments.
26
Timoera, Dwi Afrimeti. "ASAS LEGALITAS DALAM DOKTRIN HUKUM INDONESIA: PRINSIP DAN PENERAPAN." Jurnal Ilmiah Mimbar Demokrasi 10, no. 2 (2011): 67–79. http://dx.doi.org/10.21009/jimd.v10i2.2298.
Full textAbstract:
The principle of legality is a principle which determines that no act which is prohibited and punishable by criminal if not determined in advance in legislation. This principle is usually known as nullum delictum nulla poena sine praevia lege (no offense, no crime without law first. There are four principles of legality that is, the lex scripta (written law), lex chert (which includes criminal law), nonretroaktif (rule not retroactive) and analogy.
27
Alfalahi, Buti Obaid Saeed, Imane Lamdjad, Mustafa Alnujaifi, and Noaman Atallah Alheety. "The principle of legality and sustainable development goals (SDGs): Impact and practices in UAE constitution." Journal of Infrastructure, Policy and Development 8, no. 7 (2024): 4917. http://dx.doi.org/10.24294/jipd.v8i7.4917.
Full textAbstract:
The principle of legality constitutes one of the basic principles of the government’s rule of law, and as a result, it has been recognized as one of the most essential guarantees of human rights. The goals of sustainable development have a strong link with the principle of legality, and achievements in accomplishing a goal can frequently contribute to the accomplishment of other goals in addition. The United Arab Emirates’ constitutional framework, regulations, and rules, along with the goals for sustainable development (SDGs), were profoundly affected by the principle of legality. The method in which international standards and laws have been integrated into the UAE’s national legal framework provides definitive proof of this effect. The research concluded that all published and unofficial legal regulations have to be respected in order for public authorities to use within the limits of the principle of legality. These involve adhering to the standards of positive legitimacy and the fundamental regulations the community agrees on.
28
Okeyo, Julian Rebecca, and Emma Charlene Lubaale. "Beyond Legality: The Historical Disregard of the Principle of Legality and its Impact on Forced Marriage Prosecution in International Criminal Law." Fundamina 30, no. 1 (2024): 68–115. http://dx.doi.org/10.47348/fund/v30/i1a3.
Full textAbstract:
The principle of legality, a fundamental theme of international criminal law, emphasises that an individual should not be punished for an offence that is not defined by law. Increasingly, international criminal courts and tribunals are disregarding this principle through extending crimes by analogy, an approach that is not supported by the principles of international criminal law. One area where this approach is evident is in the prosecution of the crime of forced marriage, which has never been explicitly proscribed by any of the statues of international criminal tribunals/courts. This contribution first examines the views of the Nuremberg and Tokyo tribunals to come to grips with the latter’s approach to the principle of legality. Subsequently, a brief analysis of the International Criminal Court, the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia is conducted to highlight a consistent pattern of disregarding the principle of legality. When compared to the Nuremberg and Tokyo tribunals, the approach of these three courts is unique in that the latter have not classified forced marriage as a distinct crime, choosing instead to include it under crimes against humanity, seemingly suggesting that the principle of legality is not undermined. However, this contribution underscores that this approach is still a violation of the principle of legality. It is argued that the extension of crimes against humanity by analogy represents a continuation of challenges observed by the Nuremberg and Tokyo tribunals concerning the disregard of the legality principle and that the ongoing prosecution of forced marriage in the absence of a specific criminal provision is a violation of this principle.
29
Johari, Subaidi Joelman, Yudi Afrizal Teuku, and Fatahillah. "Kedudukan Asas Legalitas dalam Pembaharuan Hukum Pidana di Indonesia." Cendekia: Jurnal Hukum, Sosial & Humaniora 1, no. 1 (2023): 65–77. https://doi.org/10.5281/zenodo.8116271.
Full textAbstract:
<em>The principle of legality is the oldest principle of criminal law and is almost found throughoutthe national criminal law in the world. The existence of this principle is simply to protect citizens from thearbitrariness of the authorities. The strengthening of the issue of human rights contributes to thedevelopment of the legality principle, both from national criminal law and international criminal law. The principle of legality is the principle in which a criminal act can only be punished if there are already rules governing before the criminal act occurs. However, in its development the principle of legality is no longer absolute, especially for special offenses such as corruption, drugs, terrorism and gross human rights violations. If a criminal act has occurred and there are no written rules governing it, then the principle of legality/retroactivity can be set aside with certain exceptions or reasons</em>
30
Faqihisyam Irfandy, Ferly Amlizyan, and Rusmilawati Windari. "Asas Legalitas dalam Perspektif Filsafat Hukum: Kajian Perbandingan Asas Legalitas Indonesia dan Prancis." Jurnal Hukum, Administrasi Publik dan Negara 2, no. 3 (2025): 87–96. https://doi.org/10.62383/hukum.v2i3.269.
Full textAbstract:
This study aims to describe the principles of legality in Indonesia and France. This study uses normative legal research methods, namely secondary legal materials in the form of data obtained from books and opinions of experts related to this study. The results of this study indicate that the principles of legality in Indonesia and France highlight the importance of legal certainty, human rights, and a sense of justice in the criminal law system. In Indonesia, the principle of legality has been regulated in the Criminal Code since 1946, but its application is often not pure because of the customary law that still applies. Although there have been amendment efforts, it often ends in a confusing system. Meanwhile, in France, the principle of legality developed from resistance to arbitrary power, which was emphasized in the Habeas Corpus Act in England in 1679. This principle gives parliament the authority to determine the components of violations and their sanctions, as a guarantee of the freedom of citizens from excessive tyrannical actions.
31
Hartoyo, Noenik Soekorini, and Nur Handayati. "Application of the Principle of Legality in the Criminal Justice System: Ensuring Justice and Protection of Human Rights." ENDLESS: INTERNATIONAL JOURNAL OF FUTURE STUDIES 6, no. 2 (2023): 254–66. http://dx.doi.org/10.54783/endlessjournal.v6i2.174.
Full textAbstract:
This article aims to find out about the application of the legality principle in the criminal justice system. Legality is a legal principle that states that there is no criminal act without a clear legal basis. The research method used in this study is a literature study with a normative analysis approach to analyze and interpret laws and regulations related to the principle of legality in the criminal justice system, case studies, and analyzed through comparative studies. Based on the research results, it can be concluded that the principle of legality has a crucial role in ensuring justice and protecting human rights in the criminal justice system. Although there are several challenges in applying this principle, efforts to strengthen adherence to the legality principle must be continued through training, supervision, and evaluation of criminal law policies. In the study of literature and normative analysis, it was found that the principle of legality has a strong legal basis and is the main basis for forming criminal law policies.
32
Popovich, E. N. "PRINCIPLES OF ORGANIZATION AND FUNCTIONING OF AUTOMATED SYSTEMS IN FORENSIC EXPERT ACTIVITY." Theory and Practice of Forensic Science and Criminalistics 18 (December 26, 2018): 248–56. http://dx.doi.org/10.32353/khrife.2018.27.
Full textAbstract:
This article presents problems related to understanding, classification and implementation of the principles of organization and operation of automated systems in forensic expert activity. The basis of the classification is adoption of systems that can be used in activities of forensic science institutions. Depending on the destination, information systems differentiate into the following types: documentary and factographic. Forensic science institutions mainly use factographic information systems in their activities. Each information system, depending on the purpose of creation, can be constructed according to certain principles. We have provided a detailed analysis of such fundamental principles of automated system activity, namely: principle of legality; principle of information selection; principle of using hardware and software modules; principle of the possibility of step-by-step creating an information system; principle of simplicity and flexibility in terms of specific requirements of concrete information system application; principle of system acceptance for user of the "human – machine" dialogue; principle of distribution of information support; principle of task originality; principle of structural organization; principle of system approach; principle of combining the preparation of primary and machine documents; the principle of consistency of bandwidth of individual parts of a system; principle of data bank security; principle of using a professional language, etc. Author's definition of legality in forensic expert activity is presented that is understood as a complex social and legal phenomenon which main criterion is the legality category consisting of a set of subjective rights reflected and fixed in current legislation, formed as a result of objective social development.
33
Luchtman, Michiel. "Principles of European Criminal Law: Jurisdiction, Choice of Forum, and the Legality Principle in the Area of Freedom, Security, and Justice." European Review of Private Law 20, Issue 2 (2012): 347–79. http://dx.doi.org/10.54648/erpl2012022.
Full textAbstract:
Abstract: Developments in the European Union (EU) in the area of prosecution of transnational crime are tempestuous. Yet the debate on the role of the principles of criminal law in this area of the law is still in its infancy. This contribution explores the role of the legality principle (nullum crimen, nulla poena sine lege) in relation to choice of forum in the Area of Freedom, Security, and Justice (AFSJ). To what extent is the legality principle applicable in transnational cases? What must one think of current developments in light of this principle? Is the principle a factor of relevance for the European legislator and for the judiciary? It is advocated in this contribution that the legality principle of Article 49 of the Charter of Fundamental Rights (CFR) needs to be adapted to its transnational setting and that this must have implications for the state of play in European criminal law. Résumé: En matière de poursuite des délits transnationaux, les développements au sein de l´Union européenne sont tumultueux. Pourtantle débat sur le rôle des principes de droit pénal dans ce domaine du droit en est encore à ses débuts. La présente contribution explore le rôle du principe de légalité (nullum crimen, nulla poena sine lege) en relation avec le choix du for dans l´Espace de Liberté, Sécurité et Justice. Jusqu´où s´applique le principe de légalité aux cas transnationaux? Que doit-on penser des développements actuels à la lumière de ce principe? Le principe est-il un facteur de pertinence pour le législateur européeen? Et pour le pouvoir judiciaire? La présente contribution défend le point de vue selon lequel le principe de légalité de l´article 49 de la Charte des Droits Fondamentaux a besoin d´être adapté à son cadre transnational et cela doit avoir des implications sur l´état du droit pénal européen.
34
Skryabin, Oleksiy, and Dmytro Sanakoiev. "Peculiarities of implementation of the principle of legality in the criminal process of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (2021): 253–57. http://dx.doi.org/10.31733/2078-3566-2021-1-253-257.
Full textAbstract:
The article analyzes the principles of criminal procedure, which are the expression of the prevailing political and legal ideas of the state, relate to the tasks and methods of judicial proceedings in criminal proceedings, are enshrined in law and operate throughout all stages and necessarily in its central stage. Modern theoretical ideas about the system of principles of criminal proceedings are still in the stage of active methodological and ideological rethinking. Discussions continue both on the concept and features of the principles of criminal proceedings, their system, and on the peculiarities of implementation at different stages of the criminal process. Violation of the principles of criminal procedure is a sign of illegality of decisions in the criminal and becomes the basis for the cancellation of these decisions. The principle of legality characterizes the legal regime of strict and mandatory observance of laws in law enforcement practice, which manifests itself in criminal proceedings, limits the discretionary powers of the pre-trial investigation, prosecutor's office and court. The principle of legality becomes an opportunity to transfer criminal proceedings from one procedural stage to another only on the basis of the law and in a strictly defined sequence. Legality is one of the guarantees of establishing the truth in a criminal case, which ensures the protection of human and civil rights and freedoms. The principle of legality is characterized by mandatory observance of laws in criminal proceedings, is a limiting factor in the discretion of the pre-trial investigation, prosecution and court. Due to the implementation of the principle of legality, the shortcomings and gaps in the criminal process that exist in criminal procedural law can be overcome.
35
Sri Ayuni, Mela, Dion Dion, Rifda Cita Zulviah, and Robby Nurtresna. "The Principle of Legality in the Perspective of Human Rights." JURNAL RUANG HUKUM 1, no. 2 (2022): 33–38. http://dx.doi.org/10.58222/juruh.v1i2.264.
Full textAbstract:
The principle of legality is a principle in law that is found in almost all of the constitutions of each country. The principle of legality is very important and must be maintained for the sake of certainty of rules in a country. If seen or reviewed properly, this principle of legality is a tool that aims to protect human rights for every individual and community group. As a jurisdiction, Indonesia always strives to uphold justice in order to achieve an orderly and peaceful life. However, with the existence of the principle of legality which is a written rule to determine that no action or action is prohibited and punished, if the act has been formulated in a law. The purpose of this writing is to find out how the principle of legality is in the perspective of human rights. This study uses a normative juridical method with a case approach and a statutory approach, the data used in this study is secondary data which is analyzed deductively. The results of this study are that the principle of legality has an important role in regulating the life of a group or society. One of the important roles of the principle of legality is to protect human rights, the role and function of the existence of the principle of legality is very influential in efforts to implement human rights regulations or better known as human rights. the life of the Indonesian people.
36
Adhari, Ade, Anis Widyawati, I. Wayan P. Windia, Rugun Romaida Hutabarat, and Neysa Tania. "Customary Delict of Penglipuran Bali in the Perspective of the Principle of Legality: A Dilemma and Arrangements for the Future." Journal of Indonesian Legal Studies 6, no. 2 (2021): 411–36. http://dx.doi.org/10.15294/jils.v6i2.50555.
Full textAbstract:
In the context of criminal law, recognition of customary law begins with a very fundamental principle, namely the principle of legality – a legal basis for declaring an act as a criminal act. This paper examines the implementation of customary law regarding the violation of Penglipuran customary, in accordance with the customary delict from the perspective of the principle of legality and the future policy formulation of the principle of legality that accommodates the existence of customary law. To answer these problems, socio-legal research methods are used, data in the form of legal documents and results of in-depth interviews, various approaches (legal, theoretical, and historical approaches) and then analyzed through deductive-inductive methods. The results show that the Criminal Code adheres to the principle of formal legality, consequently, the written law is the only source to declare an act as an offense. Whereas in the Penglipuran community, it is known that customary delict is regulated not only in awig-awigbut also unwritten ones such as pararem penyahcah awig and perarem ngele. The existence of indigenous peoples is not only found textually but also commonly, carrying out their lives based on customary law which contains applicable values, principles, and norms. Therefore, it is necessary to formulate the principle of legality that accommodates the existence of customary law as a source of criminalizing acts. This is intended to realize a criminal law that accommodates the rights of indigenous peoples to “their own institutions, laws, and customs".
37
Nurmala, Leni Dwi. "STUDI KOMPARATIF TENTANG ASAS LEGALITAS BERDASARKAN HUKUM PIDANA POSITIF INDONESIA DAN HUKUM PIDANA ISLAM." Suloh:Jurnal Fakultas Hukum Universitas Malikussaleh 9, no. 1 (2021): 50. http://dx.doi.org/10.29103/sjp.v9i1.4802.
Full textAbstract:
The purpose of this study is to determine the legality principle according to positive criminal law in Indonesia and Islamic criminal law and to find out the comparison between the legality principle according to positive criminal law and Islamic criminal law. This type of research used in this research is using library research or known as literature research. The principle of legality in Indonesia's positive criminal law is a very fundamental principle. Because the principle of legality in criminal law is important to determine whether a criminal law regulation can be treated against a criminal act that occurs. In Islamic criminal law, the legality principle has a great influence on the judge's power, because the judge's power is very broad compared to the judge in positive law where the judge does not have sufficient power to act against the crime maker in accordance with the public interest. Comparison of the principle of legality between Islamic law and positive law. Whereas the application of the legality principle to positive criminal law and Islamic criminal law has similarities and differences. The similarity is that both apply the principle of legality in the legal process while the difference is that positive criminal law is the same in its application to offenses, whereas in Islamic criminal law there is a distinction between Jarimah qishas diyat, hudud, which is applied strongly, while in Jarimah ta'zir it is relaxed so that the benefit of society is fulfilled. In addition to having the similarities and differences above, the legality principle also has advantages and disadvantages, among others, in Islamic law the criminal provisions cannot be changed (added / reduced) because it is a provision from Allah which is standard, while in positive law the criminal provisions may change at any time. according to the times.
38
R., Sugiharto, Endah Wahyuningsih Sri, and Gunarto. "Principles of Legality in Criminal Law from Perspective Fair Enforcement." International Journal of Social Science and Human Research 05, no. 1 (2022): 20–24. https://doi.org/10.47191/ijsshr/v5-i1-04.
Full textAbstract:
: This study discusses the principle of legality in criminal law from the perspective of fair law enforcement. The formulation of the problem put forward is how to regulate the principle of legality in current criminal law and how the principle of legality in criminal law is currently from the perspective of law enforcement that is just. The conclusion of this study is that the regulation of the principle of legality in criminal law is currently regulated in Article 1 paragraph (1) of the Criminal Code which is the principle of formal legality, which requires an act committed to be determined as a criminal act if it is first stated in the legislation that valid at the time the act was committed, from the perspective of fair law enforcement, the legality principle in criminal law currently cannot be used as a basis for carrying out fair law enforcement, because in this legality principle it implies that an act is qualified as a mere criminal act. only based on legislation (written legal regulations). In the opinion of the author, that law enforcement that adheres to the principle of legality can only achieve legal certainty, but has not been able to realize justice. Justice should be realized through law enforcement which is not just formal justice according to the formulation of the law, but also substantial justice, namely justice that is truly in accordance with the sense of community justice based on the living law.
39
Yusi, Suryani, and Erniwati Erniwati. "TINJAUAN YURIDIS NORMATIF EKSISTENSI ASAS LEGALITAS DALAM HUKUM PIDANA INDONESIA." Justici 15, no. 1 (2022): 15–22. https://doi.org/10.35449/justici.v15i1.469.
Full textAbstract:
The principle of legality is one of the main principles that is used as the basis in every administration of government and state in every legal state. In criminal law, the principle of legality is related to determining whether a Criminal law can be applied to criminal acts that occur. So, if there is a crime, it will be seen whether there are legal provisions that regulate it and whether the existing rules can be applied to the crime that occurred. The criminal law system that we adhere to contains the principle of legality contained in Article 1 paragraph (1) of the Criminal Code which states that no act can be punished except for the strength of the criminal rules in the legislation that existed before the act was committed.
40
Zeilstra, Rebecca. "Formal Legality for Nudges." Ratio Juris 38, no. 1 (2025): 45–62. https://doi.org/10.1111/raju.12425.
Full textAbstract:
AbstractNudges are small psychological prompts that steer behavior in a noncoercive way. For example, low‐calorie products can be placed at eye level to encourage people to eat healthier. This article argues that governmental nudges are in tension with Fuller's formal legality principle, according to which regulation should meet requirements such as generality and promulgation. Moreover, it shows that this tension can be solved by taking two steps. The first consists in revising the principle of legality in light of the psychological insights that have inspired the theory of nudging; the second in tweaking the requirements of legality so as to arrive at a special legality principle for nudges.
41
Tahir, Ach,. "MENGGALI MAKNA ASAS LEGALITAS DAN PERKEMBANGANNYA DI INDONESIA." Al-Mazaahib: Jurnal Perbandingan Hukum 6, no. 2 (2018): 167. http://dx.doi.org/10.14421/al-mazaahib.v6i2.2319.
Full textAbstract:
The principle of legality is a very fundamental principle in Positive Criminal Law and Islamic Criminal Law. The Indonesian Criminal Code Bill recognizes the principle of material legality (not absolute), so the consequence, even though it is not regulated in the legislation, is that someone's actions deserve to be punished. A person can be punished by referring to the law that lives in society. The principle of legality in positive law can actually be deviated, provided that the criminal act threatens order and security. In Islamic Criminal Law, the principle of legality can also be deviated with a note that it threatens public order and security
42
Ghambaryan, A. S. "The principle of legality and the provision “the judge is subject to the law” in the context of the doctrine of the development of law contra legem." Law Enforcement Review 7, no. 4 (2024): 15–24. http://dx.doi.org/10.52468/2542-1514.2023.7(4).15-24.
Full textAbstract:
The research subject. This study focuses on the correlation between the doctrine of development of law contra legem and the principle of legality, with a specific emphasis on the position that “judge submits to the law”.The purpose of the research. The objective of this research is to examine the compatibility of the doctrine of development of law contra legem with the principle of legality and evaluate the applicability of the "fourteen-year-old child" formula in assessing legislative regulations.Methodology. This research utilizes a legal analysis and conceptual examination of the doctrine of development of law contra legem and the principle of legality. It also involves a comparative analysis of legal principles within the post-Soviet context.Main results of the research. The analysis reveals that strict adherence to the principle of legality may not always align with societal interests. The doctrine of development of law contra legem provides an exception to the principle, allowing judges to evaluate and challenge the illogicality or unfairness of legislative regulations. The "fourteen-year-old child" formula, with its low standards for determining such flaws, safeguards judicial independence and shields judges from potential political pressures.Scope of application. The findings of this research can be applied within the legal framework, particularly in post-Soviet jurisdictions, where the interplay between the principle of legality and the doctrine of development of law contra legem is of significant relevance.Conclusion. The strict fulfillment of the requirements of the law (legality) is not a goal, but a means of ensuring the certainty and stability of the rule of law, the harmonization of public life. Based on the doctrine of the development of law contra legem, the communication of the post-Soviet judge and legislator should be viewed from the perspective of a three-layered relationship of “subordination – cooperation – opposition”.
43
Meagher, Dan. "The Common Law Principle of Legality." Alternative Law Journal 38, no. 4 (2013): 209–13. http://dx.doi.org/10.1177/1037969x1303800402.
Full text
44
Strilets, Oleg Valentinovich, Victoria Vyacheslavovna Namnyaseva, Vitaly Alekseevich Kanubrikov, Irina Alisalamovna Niftalieva, and Dmitry Vladimirovich Zhmurin. "System of criminal legal principles." SHS Web of Conferences 108 (2021): 02019. http://dx.doi.org/10.1051/shsconf/202110802019.
Full textAbstract:
Modern globalization processes consisting in transnational integration concern not only politics, economy, and culture but also the sphere of combating crime. In the fight against international criminal manifestations, it is necessary to consolidate powerful stabilising factors. One of these factors is criminal law principles, which are a kind of prism through which national legislation is assessed and the practice of its application is adjusted. In this regard, the question of systematising the principles of criminal law is of great importance. Purpose of the research: formulation of the authors’ approach to the problem of systematisation of criminal law principles. Methods: the research was based on the general philosophical dialectical method of scientific knowledge. Besides, the historical and legal, structured system method and formal and logical methods were used. Results and novelty: resulting from the study, the authors’ approach to the system of criminal law principles based on their interrelation, interdependence, and mutual influence is presented. The proposed separation of principles for the first time in the Russian criminal law doctrine reflects both horizontal and vertical classification. Horizontally, criminal law principles are divided into extraordinary (principle of justice), ordinary (principles of equality, humanism, and guilt), and substantive (principle of legality). The extraordinary principle of justice predetermines the content of other principles of criminal law. The ordinary principles of equality, humanism, and guilt determine the implementation of the principle of justice in criminal law. The substantive principle of legality is a unified basis for consolidating the provisions of the principles of criminal law in criminal legislation. This understanding of the principles of criminal law allows building their hierarchy. Vertically, the first place, due to its importance, is assigned to the principle of justice, the second belongs to the principle of equality, the third focuses on the principle of humanism, the fourth concentrates on the principle of guilt and, finally, the principle of legality completes the system.
45
Yosafat, Geslauw, and Dr. Eko Soponyono S.H. M.H Prof. "A Comparison of the Principle of Material Legality in the Indonesian Criminal Law System and English Legal System." International Journal of Social Science and Human Research 08, no. 03 (2025): 1641–46. https://doi.org/10.5281/zenodo.15082062.
Full textAbstract:
The enactment of the principle of material legality as a source of material law in the Indonesian national criminal code which can be identified from the laws that live in Indonesian society based on the values of Pancasila. This is a renewal in the criminal law system in Indonesia. This research aims to analyse the comparison of the prinviple of material legality in the Indonesian legal system with the principle of material legality in the English legal system. The results of the analysis in this study found that the principle of material legality in Indonesia is based on Communal Morality and religious values while the principle of material legality in England is based on customary law or community customs developed based on court decisions.
46
Feldman, David. "ERROR OF LAW AND FLAWED ADMINISTRATIVE ACTS." Cambridge Law Journal 73, no. 2 (2014): 275–314. http://dx.doi.org/10.1017/s0008197314000403.
Full textAbstract:
AbstractSection I shows that the idea, founded on the “principle of legality”, that all legal flaws make a decision void as a matter of law is erroneous. Infringing a legal requirement may not affect validity, or may make a decision only voidable. Section II shows the significance of distinctions between various stages of decision-making processes, and between different types of issues for judges, and argues that case law shows that seven guiding principles operate alongside the “principle of legality”. Section III concludes that these common-law principles reflect professional practice and provide a realistic basis for predictable, normatively legitimate administrative law.
47
Lupo, Nicola, and Giovanni Piccirilli. "The Relocation of the Legality Principle by the European Courts’ Case Law." European Constitutional Law Review 11, no. 01 (2015): 55–77. http://dx.doi.org/10.1017/s157401961500005x.
Full textAbstract:
Rule of law and the legality principle – Legality principle in the Italian legal system – ‘Prescribed by law’ – Legality in supranational dimension – ‘Democratic disconnect’ – Margin of appreciation – Concepts of ‘law’ and ‘legislation’ – Democracy-based legislation – Quality of legislation – ‘Political constitutionalism’ versus ‘legal constitutionalism’
48
Jafar, Wahyu Abdul. "WAJIB PAJAK: ASAS, MANFAAT DAN LEGALITASNYA DALAM HUKUM ISLAM." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 10, no. 2 (2022): 198–216. http://dx.doi.org/10.52431/tafaqquh.v10i2.1077.
Full textAbstract:
This study comprehensively describes taxpayer law's legality in Islam, its principles and its benefits. This research is a literature study with a normative juridical approach. The data collection technique used in this research is the documentation technique. At the same time, the analysis technique used in this research is descriptive. The primary data in this study are online scientific journals and books directly related to the object being researched, namely online scientific journals or books related to taxpayers: principles, benefits and legality in Islamic law. From this research, it can be concluded that tax legality in Islamic law is permissible. The legal basis of this tax law is based on the Qur'an, al-Hadith and the opinions of the scholars. Taxes are allowed but with due regard to certain conditions; namely, they must be fair, equitable and not burden the people. In comparison, the principles of tax collection include the principle of territory, the principle of nationality, the principle of sources, and the principle of equality. Tax benefits include helping economic growth, providing sources of revenue for state financing, providing employment, distribution of wealth and income and increasing savings by limiting the consumption of unnecessary goods that have no use and are only ceremonial.
49
Pyrih, I. V., and I. R. Shynkarenko. "PRINCIPLES OF FORENSIC SCIENCE." Theory and Practice of Forensic Science and Criminalistics 18 (December 26, 2018): 221–30. http://dx.doi.org/10.32353/khrife.2018.24.
Full textAbstract:
Analysis of the scientific opinions allowed formulating principles of forensic expertology as an independent science that is the basis of forensic expert activity. Principles of forensic expert activity are highlighted, their correlation with scientific principles is determined. Contents of each principle are disclosed and own understanding of advisability of their application is presented. The basic principles of forensic expertology are determinism, objectivity and systemacy. The principle of determinism embracing the principle of historicism consists in examining the subject of forensic expertology from the point of view of dialectical interconnection regularities and interconditionality of processes arising while performing expert research. The principle of objectivity consists in establishing regularities of forensic expertology solely on the basis of the object research using special knowledge, regardless of social, political and other processes that occur in society. The systemacy of forensic expertology, like any other science, consists in considering its separate components as a single whole, a system of knowledge. On the basis of legislation analysis and scientific opinions, authors determined that the principles of forensic expert activity are also legality and independence. The principle of legality is that officials who are subjects of expert activity are obliged to meet legislation requirements in strict conformity with their content. The principle of expert independence should be understood as absence of interference in him activities of any other person. Analyzing principles of forensic science, authors come to the conclusion about pointlessness of fixing of principles of expert activity in legislative acts, namely in the Аrt. 3 Laws of Ukraine «On forensic science». Principle of legality is stopped up in Constitution of Ukraine, procedural norms expert activity is expounded in many Codes and Laws of Ukraine. Superfluous duplication in this case is unnecessary.
50
Dastin Darmawan, Nur Ain Saputri, Muhammad Irwandi, and Yesyka Yesyka. "Tinjauan Yuridis Penerapan Asas Legalitas Dalam Tindak Pidana Pencurian." Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia 1, no. 3 (2024): 324–31. http://dx.doi.org/10.62383/amandemen.v1i3.396.
Full textAbstract:
This journal discusses the application of the principle of legality in criminal law, especially in the crime of theft. The principle of legality is an important principle in criminal law, which states that no act can be punished except on the basis of pre-existing statutory regulations. This journal explains several important implications of the principle of legality, namely: 1) protecting individuals from abuse of power by authorities; 2) demand clear and definite provisions in the criminal law; and 3) guarantee the application of criminal law prospectively, meaning that criminal law cannot be applied retroactively. Furthermore, this journal also discusses developments in regulating the principle of legality in the Draft Law on the Criminal Code (RUU KUHP) which is currently being discussed in the DPR.