Abstract
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.
Highlights
IntroductionArgues that the components in the legal system consist of legal structure, legal substance, and legal culture
According to Dupont, the principle of legality is the most important principle in criminal law and according to Lilik Mulyadi, studied from the perspective of positive law the principle of legality is regulated in the provisions of Article 1 paragraph (1) of the Criminal Code which is the principle of formal legality
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 the act is first stated in the legislation in force at the time. the deed is done
Summary
Argues that the components in the legal system consist of legal structure, legal substance, and legal culture. Enforcement Law is influenced by the legal structure, legal substance, and legal culture. The principle of legality is a basic principle that will affect the application and enforcement of laws. According to Moeljatno, the principle of legality (Principle of legality), the principle that determines that there are no prohibited acts and is threatened with criminality if it is not determined in advance in the legislation. It is known in Latin as nullum delictum nulla poena sine praevia lege. It is known in Latin as nullum delictum nulla poena sine praevia lege. (no offense, no criminal without prior regulation)
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