How the written legal boundaries in the settlement of criminal cases in Indonesia by Criminal Law Perspective

Authors

  • Slamet Sampurno Soewondo

Abstract

The purpose of research is to determine how the written legal boundaries in the settlement of criminal cases and to determine the role of the legal discovery by judge in criminal cases based on lack of clarity, incompleteness and legal vacuum in the legislation relating to the criminal cases.The method used in this research was normative legal research. It was conducted by theoretical comparison of law enforcement, the application of law, and how it relates to the fact of legal discovery by judges in Indonesia.The results of research indicate that historically, the criminal law applicable in Indonesia is the adoption of colonial law. Thus, the judges should not make written rules as main indicators in terms of law enforcement given the dynamic development of the current law. This problem makes the position of legal discovery so very important, because of the inability of the law to cover all aspects of human life that are experiencing rapid changes. Therefore, the existence of a law is not always final and perfect. The paradigm of responsive legal by judges is required in realizing ideal law enforcement and in accordance with the values ??of justice that lives in the community (living law).there are things that are so paradoxical between the principles of legality and authority given to judges to explore the existing values in the community in terms of making a decision. Which is the principle of legality explaining that an act that can be charged with criminal responsibility is an act that if there is a regulation that states it as a violation. So that the proposition of this principle simply wants to explain that the violation of criminal law is a behavior that violates written law. On the other hand, the judge in the matter of resolving a criminal case is not permitted to reject the criminal case that was confronted with him to be tried only for reasons, that the rule of law was unclear or did not exist at all.

Downloads

Published

2020-04-13

Issue

Section

Articles