A Comparison of the Principle of Material Legality in the Indonesian Criminal Law System and English Legal System
Journal Title: International Journal of Social Science And Human Research - Year 2025, Vol 8, Issue 03
Abstract
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.
Authors and Affiliations
Yosafat Geslauw, Prof. Dr. Eko Soponyono, S. H. , M. H
Keywords
Related Articles
- EP ID EP763028
- DOI 10.47191/ijsshr/v8-i3-39
- Views 29
- Downloads 0
The Value of Family Resilience in Analyzing the Impact of the Pacu Jalur Tradition from a Maqasid Syariah Perspective
The value of family resilience has shifted as a result of the track racing tradition in Kuantan Singgigi district. This can be seen from the high divorce rate in this district. This problem is an important thing that occ...
Principles of Legality in Criminal Law from Perspective Fair Enforcement
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...
Digital Transformation and Business Model Innovation: Moderating Role of Digital Leadership
Purpose: The manufacturing sector in Ghana has become increasingly important to the country's economic growth, driven by digital transformation and innovation. This research aims to explore the complexities of digital t...
The Economic Integration of Japan and Experience for Vietnam
The article analyses the economic integration process of Japan since the second world war, especially the current period. The article also points out the basic achievements of Japan in integrating into the global economy...
The Effect of Average Years of Schooling on GDP Per Capita Change Rate: Evidence from Malaysia
This study examines the impact of average years of schooling on the GDP per capita change rate in Malaysia, providing empirical evidence that highlights significant insights for educational policy and economic developmen...