Rudy, Rudy and eko raharjo, eko (2021) IMPLEMENTATION OF THE CONSTITUTIONAL COURT DECISION IN CRIMINAL LAW. International Journal of Business, Economics and Law, 24 (5). pp. 61-66. ISSN 2289-1552

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Abstract

Every nation has an alternate point of view in deciphering the law following the general set of laws took on. Indonesia itself sticks to the Common Law Framework, where the Common Law Framework makes composed guidelines the fundamental wellspring of law and is overwhelmed by classified laws. As opposed to the Customary Law Framework, where the fundamental wellspring of law is the law made by judges. The court's choice will be restricting on other comparative cases in a similar purview. In the Precedent-based Law Framework, judges play a significant part in making new laws. Criminal law (considerable) is essential for public law which can be deciphered as the guidelines administering the activities of lawful subjects. The capacity of criminal law is to decide the rights and commitments, what should and can't be possible, just as punishments for infringement of every person. Condemning in criminal law can cause languishing over the culprits, so its execution should be founded on composed guidelines. That is, in criminal law the standard of legitimateness contained in Article (1) of the Criminal Code is material. In its turn of events, the Draft Criminal Code gives the chance of sanctioning of laws that live in the public eye as the reason for criminal indictment. Be that as it may, as far as law and order, it is viewed as less assurance of legitimate sureness which is in opposition to the rule of lawfulness and the reason for law and order which ought to give conviction and apply overall (broadly). This article aims to determine the application of the Constitutional Court's decision in criminal law in Indonesia. The Constitutional Court Decision has varied many criminal cases in many laws, especially the Criminal Code and the Criminal Procedure Code. Decisions of the Constitutional Court, for example, eliminate or reduce some elements in the norms of criminal law so that the implementation will affect the handling of criminal cases at the technical level of law enforcement and justice. The nature of the Constitutional Court Decision which is not accompanied by a Constitutional order requires awareness of all elements of law enforcement and justice to carry out socialization and institutional internalization to implement the Constitutional Court Decision in handling criminal cases for the realization of a constitutional law state aspired by the 1945 Constitution of the Republic of Indonesia.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: RUDY
Date Deposited: 06 Dec 2021 01:07
Last Modified: 06 Dec 2021 01:07
URI: http://repository.lppm.unila.ac.id/id/eprint/37147

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