Legal Pluralism, Epistemic Tensions, and the Reformulation of the Adultery Offense in Indonesia’s New Penal Code

The elaboration, adoption and entry into force of the new Romanian Penal Code on February 1st 2014 represented a crucial moment in the legislative evolution of any state, and in Romania, like in all countries of the world, the elaboration of the new Penal Code was not simply a whim of the political will, but it was equally a corollary of the social and economic evolution of the national doctrine and jurisprudence, without disregarding the European states’ jurisprudence and legislation.The decision of drafting a new Penal Code was based on a number of existing shortcomings in the former legislation, which were highlighted both by the practice as well as the legal doctrine. By meeting all the requirements of the European’s Commission monitoring process, the new Penal Code is based on the necessity of maintaining the elements that can be salvaged from the previous Penal Code and to integrate them, based on a unitary conception, together with elements from other reference systems and from regulations adopted in the European Union, to create an area of freedom, security and justice.With the current criminal reform, self-defense, unlike the old provision, where it represented a cause to remove the criminal nature of the offense, is part of the socalled justificatory causes. The justificatory causes were introduced in the new Penal Code, reverting to the existing provisions in the Code of 1937, the legislator aligning the Romanian criminal legislation to the European one. The new Romanian Penal Code distinctly systematizes these causes, compared to the unimpeachable ones, at the same time emphasizing the objective nature of the former, in that they operate in rem and are transmitted to the participants as well, and the subjective, personal (in personam) nature of other causes, in that they are not transmitted unto the participants, exceptions being made only in fortuitous cases.On the contrary, the unjustifiable nature of the act under criminal law implies that it is not permitted by the legislation, in other words, it is illegal. Thus, it is possible that an act, even if provided by the criminal law, may not be unlawful since its perpetration is permitted by a legal norm, e.g., killing a person in self-defense corresponds to the letter with the description issued by the legislator in the text incriminating murder, but the act is not unlawful in its nature, because the law authorizes it under the given circumstances. The circumstances removing the unlawful nature of an act are established by the new Penal Code as justificatory causes, which also include selfdefense. The legislator also takes into account both opinions expressed in the doctrine as well as the comparative law – Article 15 of the Swiss Penal Code, Article 20 of the Spanish Penal Code, Article 122-5 of the French Penal Code, and the grave danger condition generated by the attack was waived, its gravity and that of the actions committed for its removal being judged proportionally.The legal entity of self-defense is of particular importance to the Romanian criminal law. It has undeniable theoretical and practical implications regarding the existence of a crime or its lack thereof.

The chapter analyzes the transfer and the influences of the Napoleonic penal code (1810) on the development of criminal law in Central Europe and the German States in the first half of the nineteenth century. After the dissolution of the Holy Roman Empire of the German Nation in 1806, the Code penal influenced the German juridical discourse on criminal law as well as the development of criminal codes and respective reform projects in many German states of the Confederation of the Rhine (1806–1813) and the German Confederation (1815–1866). A systematic survey of these influences shows general aspects of the perception, the transfer and the implementation of the Code penal in exemplary German states under the conditions of cultural and political diversity, legal pluralism and the need to reform and codify criminal law. The chapter outlines the discussion of the Code penal in the contemporary German juridical discourse, depicts various modes of its implementation and adoption in some German territories/states (notably Bavaria and Prussia), and analyzes exemplary problems of the legal transfer: the trinity of punishable offences and the integration of police-contraventions, the penalty system and the purposes of punishment, as well as the infeasibility of a strictly codified conformity of offences, penal system, and judiciary. Although many jurists as well as most governments regarded the modernisation of criminal law through the Code penal as exemplary and helpful to advance reforms of criminal law and justice, an adoption of the French criminal law also created collisions and frictions. The chapter discusses these issues and the principal question of the transfer and adoption of criminal law in nineteenth century Central Europe.

Forced pregnancy is one of the most prominent and most dangerous crimes in armed conflicts, through which the perpetrators target the ideological change of a group of society in a systematic and organized manner. combating war crimes and deed, criminal law, crime law and Iraq, penal code, penal code, penal code, penal code, penal code, penal code, penal code, penal code, penal code, penal code, penal code, penal code and social law and they are This description is more general and comprehensive than the crimes of genocide, because the physical and psychological harm that they inflict differs in quantity and quality from that which causes sexual violence alone. The Yazidi women in our Iraqi society are tortured in another form, and the crimes began in crimes because of his crimes, and that is because of his crimes and crimes, and By amending legislation and crime-based. The International Criminal Court so that the perpetrators do not go unpunished.

Objectives: The research aims to analyze the differences in sources of criminalization between special criminal laws, such as the Political Parties Act No. 36 of 2015, and the Penal Code. While the Penal Code relies solely on written legislative laws to define offenses and penalties, the Political Parties Act incorporates additional sources of criminalization, including executive-issued regulations and instructions. This study seeks to explore how these differences impact legal frameworks and the enforcement of criminal law. Methods: The study adopts a legal analytical approach, examining the legislative structure of the Penal Code and the Political Parties Act. It analyzes the extent to which the executive branch, through legally authorized regulations and instructions, contributes to defining offenses and penalties. The research also reviews relevant legal texts and precedents to understand the implications of these differences in criminalization sources. Results: The findings indicate that, unlike the Penal Code, the Political Parties Act allows the executive branch to issue regulations and instructions with the force of law, thereby serving as an additional source of criminalization and punishment. This creates a distinction in the legal framework where offenses and penalties are not solely determined by the legislature but also influenced by executive directives. Such an approach provides flexibility in law enforcement but may also raise concerns regarding the separation of powers and legal consistency. Conclusion: The study highlights the unique nature of special criminal laws in comparison to the Penal Code, emphasizing the role of executive-issued regulations in shaping criminalization and punishment. While this mechanism allows for adaptable governance in political party regulations, it also underscores the need for legal clarity and oversight to ensure that executive powers do not override legislative authority. Understanding these distinctions is crucial for maintaining a balanced and just legal system.

This research focuses on investigating the Recodification of Core Crimes in Special Criminal Acts within Law Number 1 of 2023 concerning the Penal Code. The study is motivated by the enactment of Law Number 1 of 2023 concerning the Penal Code (National Penal Code) through the process of criminal law recodification, which has sparked controversy among institutions and law enforcement officials. This controversy arises due to the inclusion of core crimes from special criminal acts in the National Penal Code. The issues addressed in this research are the regulation of core crimes from special criminal acts within the National Penal Code and the implications of this regulation for other criminal laws outside the Penal Code, using normative research methods to uncover the truth behind two key issues. The research findings indicate that the inclusion of core crimes from special criminal acts in the National Penal Code will not create ambiguity with existing special criminal laws outside the Penal Code nor complicate the law enforcement process. The inclusion of core crimes from special criminal acts in the Penal Code aims to provide a bridging mechanism so that if a new offense or development of an offense arises, there will still be a reference to the National Penal Code, ensuring that the fundamental principles remain aligned with the National Penal Code, as most current regulations on special criminal acts deviate from general principles or their enforcement.

Croatia is relatively small country with population of approx. 4 million inhabitants. It is a European country, and is part of the Central and Eastern Europe. The area of the state is 56, 594 km2 by land, and 31,479 km2 by sea (interior waters and territorial sea), in total 88,073 km2 which makes Croatia one of the medium-sized European countries. It was a part of Yugoslavia till 1991. After its inde- pendence, Croatia shifted from socialist regime to democracy, and the law reform followed. Croatia has enacted new Constitution in compliance with all international standards, abolishing the death penalty. In the beginning of its independence, it has taken existing legislature of Yugoslavia, but later it has been working on its own legislature and reform of the judiciary and (criminal) law system. So, in past few decades it has gone through a significant law reform, among other law areas criminal law was also significantly affected and influenced by the state law reform. Many new laws were enacted regulating area of criminal law, as well as the laws regulating some issues relevant for criminal law (both substantive or procedural, and penitentiary as well). The main laws in field of criminal law (in broader sense) are Penal code (subsequently: PC) for Substantive criminal law, Criminal Procedure Act (subsequently: CPA) for Criminal procedural law and Penitentiary Act (subsequently: PA) for Penitentiary law. In this paper (report) will be presented some key information about Croatia, Croatia’s judiciary system and criminal law system and reform.

The Macau Penal Code and Other Penal Laws in English Unofficial Translation

The principle of lex specialis (fully stated as lex specialis derogat legi generali), as stipulated in Article 63 (2) of Indonesian Penal Code, becomes a guidelines in dealing with criminal offenses which are concurrent in nature, violating the provisions regulated in both general and special penal law at the same time. The practice of criminal law enforcement shows the existence of an offense amounting to the violation of two distinct offenses stipulated in two different acts, i.e. violating the Forestry Act and Corruption Eradication Act, or violating Banking Act and Corruption Eradication Act at the same time. The criminal procedure of this kind of offense shows inconsistency and discrimination, for in several cases, the perpetrators were only charged with violation of Banking Act or Forestry Act, while in other cases the perpetrators were charged with violation of both acts. Such implementation arouses injustice and legal uncertainty, as well as adverses the effort to eradicate corruption. The issues which are going to be discussed are: 1) the concept of special penal law in Indonesian criminal law system, 2) the implementation of the principle of lex specialis in Indonesian criminal law enforcement, 3) the concept of special penal law in Indonesian criminal law system in the future. This research is a normative juridical research which applies principle, statute, historical, and comparative approach respectively. The study of the concept and history of special penal law is conducted by comparing to those of the Dutch special penal law. In Indonesian criminal law system, special penal law is understood as the legislations apart from the Penal Code, penalizing certain offenses or applied for certain group of people, and concerning substantive and procedural rules distinct from those of the general criminal law. With regards to Article 63 (2) of Indonesian Penal Code, the special penal law provision is regarded as a special criminal provision logically and systematically/juridically. The criminal provision regulating qualified offenses (gequalifiseerde delict) and petty misdemeanor (geprivilegieerde delict) is a provision logical to the criminal provision regulating the principal offense. The criminal provisions in the statutes apart from the Penal Code are understood as a special criminal provisions systematical to those in the Penal Code. The statutes regarded as special penal laws are divided into two categories, that is first, the statutes concerning state authority to forbid and penalize (criminal laws), and the statutes concerning state authority to regulate certain objects and set certain criminal punishment of people who violate these laws (administrative penal law). This condition is different with that of the Dutch, of which the special penal law is that of the latter. Out of fourty Supreme Court judgments examined, only three of those stating explicitly the implementation of lex specialis principle, while in other judgments the implementation of it was implicitly derived from the model of the indictment and the provisions charged or implemented upon the accused. The models of the charges applied were those of subsidiary (special provision into primary indictment) and cumulative nature (special provision into first indictment). The re-examination of the implementation of lex specialis principle were conducted based on the examination of four criminal cases that unite two special criminal provisions systematically. Based on the doctrinal aspects of the Dutch Supreme Court jurisprudence of 1932, the lex specialis principle was not applied in such kind of case. Both special penal law provisions shall be charged upon the accused, until it is stated proven by the judge. In Indonesian criminal law system in the future, the concept of special penal law will be that of administrative penal law. For the sake of equitable, fruitful and certain law enforcement, there need to be guidelines on the implementation of lex specialis principle for law enforcement officers, concerning the offenses and the phases of its application, the indictment model, and the charging.

This article examines Tanzania’s ability to domestically prosecute international crimes following its ratification of the Rome Statute. The Article also analyses the possibility of relying on the provisions of customary international law to prosecute these crimes in the absence of domestication of the Rome Statute. The article probes into the reasons for the non-domestication of the Statute, highlights the strengths and weaknesses of the current legal framework to prosecute international crimes, and proffers a set of recommendations for the identified legal flaws. It finds that although Tanzania is a State Party to the Rome Statute, it has not yet domesticated the Statute. Despite the absence of a direct legal obligation to domesticate or nationally incorporate the provisions of the Rome Statute, the articles states that it is fundamental that Tanzania indicates its ability and willingness to prosecute international crimes within its domestic legal framework. While there are two approaches to prosecuting crimes of the Statute at the national level, this article has discussed the effectiveness of Tanzania’s legal framework to prosecute those crimes through the ordinary crimes approach. It contends that while some of the core crimes can be prosecuted domestically and through customary international law, the current domestic legal framework in Tanzania is incapable of prosecuting the Statute’s core crimes effectively in the absence of domestication or adoption of serious legal amendments in the relevant domestic legislation. Keywords: Customary International Law - International Crimes - International Crimes Approach - Ordinary Crimes Approach - Penal Code - Rome Statute

Interconnections between International and National Criminal Law Relevant to Energy Security

The aim of the article is to analyse criminalised speech acts from the perspective of two research methodologies: criminal law and pragmatic. Acts of this kind have not yet been subjected to thorough, collective research, although they are relatively frequent both in the basic acts of Polish criminal law – the Penal Code and the Misdemeanour Code – and in specific acts. The article focuses on code examples and the considerations undertaken in it are part of jurisprudence – an interdisciplinary science combining aspects of legal sciences and linguistics. The speech acts penalised on the grounds of criminal law, i.e. offences, have been analysed from the point of view of three fundamental research problems: their criminal law status, the conditions of their fortuity and the communicative intentions of their perpetrators. The explanatory procedure was based on an attempt to reconcile legal and linguistic elements in order to explain the essence of criminalised speech acts and to indicate their characteristic features. The juxtaposition of the theories of locution, illicitation and perlocution with the corresponding elements of the theory of crime was of particular importance in this respect. The author has also attempted to determine the social rank of criminalised speech acts as one of the ways of human action in the world – an action which, due to the threatening, often very severe criminal law consequences, is worth refraining from.

Murder in the marriage bed is a confirmatory law and it is not from the new established laws of Islam and Imamie Jurisprudence .This rule is foreseen in the Ur-Nammu code ( 2100 B.C.E ) , Eshnunna code ( 1770 B.C.E ) , Hammurabi code ( 1750 B.C.E ) , Hittites code ( 12th to 17th century B.C.E ) , and other codes such as ; The Assyrian code , the codes of the Japanese Empire , the codes of ancient Greece and the codes of ancient Rome . In contemporary times, this rule is foreseen in the Customary penal code (1295 SH), the General penal code (1304 SH) and the Islamic penal code (1375 SH). This topic specifically entered Iran’s criminal law from the Napoleonic penal code and inserted by Firouz Mirza Nusratal-Dawlah in the customary penal code. Similar to this regulation, also has been seen in the penal codes of countries like Portugal, Belgium, Italy, Egypt, Kuwait, Iraq and others. In the present article , An analytical-comparative method will be used to study the genealogy of murder in the marriage bed and emphasis on being confirmed of this regulation in the Imamie Jurisprudence , as well as the comparative study of similar provisions in ancient criminal codes and the contemporary Iranian criminal codes and other countries of the world .

Last year, People’s power was sounded during the presidential election period. It is still reaped the pros and cons in various circles, some called it as part of the treason, and some categorized it as a form of freedom of expression. The purpose of this article to see if the legal construction of treason criminal law is regulated under the current Penal Code, people’s power can be categorized as treason and how people’s power policies should be in the future under the legal construction of treason under criminal law. the normative point of view with the statutory approach, conceptual approach, and case approach, analyzing the concept of people’s power is not appropriate to calls as a criminal act of treason because it does not meet the juridical construction of treason under the Article 104, Article 106, and 107 of the penal code(KUHP). Likewise, in Article 191 Indonesian Penal Code Bill (RKUHP), Article 192, Article 193, and 194 RKUHP. People’s power policy in the legal construction of treason criminal law as an effort to reform the Penal Code needs to be reformulated in particular articles, later in Article 194 ofthe penal code(KUHP). The legal construction of treason criminal law then emphasized in words against the government without using the weapons.

The article looks into current state of legal protection of family, the rights and interests of minors within provisions of the PenalCode Special Part. It is noted that after the Penal Code 2001 Special Part took effect the legislator placed criminal offences against fa -mily, the rights and interests of minors in different Penal Code sections with different generic objects, same as the Penal Code 1960.Such an approach is defined as inappropriate as it doesn’t ensure required level of legal protection of family and minors, as social relationshipsin terms of family relations are defacto at stake including relationships that ensure the rights and interests of minors. The artic -le draws attention to the fact that the Ukrainian legislator recently has only improved some legal provisions that criminalise infringementof family and minors, the legislator however has never systematised criminal offences against family and minors within the PenalCode Special Part based on uniformity (similarity) of social relationships. The article quotes substantiated proposals repeatedly madeby scientists in criminal law in which they say that criminal offences against family and minors have still not been systematised in theprovisions of the Penal Code Special Part. The article gives arguments that family relations create an independent social life area inwhich legal relations are established (relations within family and raising minors) and represent an independent kind of relations withown structure and specificities. The article provides evidence that family, minors (children), family relations represent a single bloc ofsocial relationships, the social relationships being united, interconnected and mutually reinforcing each other. In terms of axiologicalapproach family relations as social value have particular importance for the state, society and person providing that the relations arebased on love, care, understanding, loyalty, respect, support, sincerity, trust, harmony, responsibility, etc. The author defends necessityof integral legal protection of family, the rights and interests of minors in an independent section of the Penal Code Special Part whichwould criminalise socially dangerous infringements that harm above relationships.

The urgency of this research arises from several unexamined aspects in modern criminal law, including the theoretical and practical need to clarify the various areas developed within the criminal law doctrine. This article aims to identify an independent historical school of criminal law in Russia, rooted in the theories by Friedrich Carl von Savigny and other Western scholars, and to delineate its three modifications: historicaldogmatic, historical-philosophical, and historical-comparative. It also seeks to identify key representatives of these areas and their perspectives on the emergence and evolution of criminal law, in particular, regarding their influence on legislation , such as the Penal Code of 1845 and the Criminal Code of 1903. The first part of this research serves as a propaedeutic introduction to series dedicated to exploring the impact of the historical school of law on Russian criminal law doctrine in the 19th century. It describes this school and outlines the views of its proponents and opponents relevant to this trend in the Russian criminal law. The articles published in the journal State and Law (2025. № 1 and 2) are dedicated to Ivan E. Neiman, one of the founders of the historical school of Russian criminal law, and his prominent students both at the Imperial Kazan University and at the University of Dorpat. The general purpose of this study is to elucidate how the historical school of law influenced 19th-century Russian criminologists' ideas and their reflection in legislation, particularly in the Code of Penal and Correctional Punishment of 1845 and the Criminal Code of 1903. The specific aim is to demonstrate how this school formed the conceptual foundation for Russian criminal law doctrine during that period. The theoretical framework for this research is grounded in dialectical materialism, supplemented by logical and historical-dogmatic methods. This article traces the genesis of the historical school of law, examining its causes – including the so-called codification dispute – and describes the views of its most prominent figures: Gustave Hugo, Friedrich Carl von Savigny, and Georg Friedrich Puchta. These scholars recognized “the spirit of the people” as a source of law while critiquing Anton Friedrich Justus Thibaut. The assessments by Rudolf von Ihering, Otto Friedrich von Gierke, and other notable scholars are also presented. Furthermore, it explores how representatives from Russian legal history – such as Pavel I. Novgorodtsev, Sergei A. Muromtsev, and Nilkolai A. Kareev – perceived this school’s significance for both Russian law generally and criminal law specifically. Contemporary legal scholars' perspectives on the essence of discussions between historical and philosophical schools are also included (e.g., Valentina V. Emikh). Main Conclusions: 1) Characterizing the historical school as foundational to Russia's 19th-century criminal law doctrine necessitates focusing on its key concept – the national spirit – which reflects national legal consciousness while contrasting it with natural law theories. 2) The division within this general theory into branches helps explain the emergence of three relatively independent areas within Russian criminal law thought: historical-dogmatic, historical-philosophical, and historical-comparative. 3) Analyzing criminal law doctrine requires consideration of Puchta's views on universal legal history to highlight differences between his ideas and those held by Russian criminologists aligned with the historical school. 4) The study of philosophical trends in Russian criminal law should be contextualized within fundamental differences among representatives of the historical school itself as well as between this theory and philosophical schools.