Stepping on the Gates of Criminal Law, In-depth Analysis of Article 1 of the Criminal Code which determines the fate of actions

PersatuanindoNews.com - Article 1 of the Criminal Code (KUHP) is often considered the "gateway" of all criminal law in Indonesia. This article is the main basis that determines whether an act can be punished or not. Why so? Let's get into the details.

PersatuanindoNews.com - Article 1 of the Criminal Code (KUHP) is often considered the "gateway" of all criminal law in Indonesia. This article is the main basis that determines whether an act can be punished or not. Why so? Let's get into the details.

In paragraph (1) of Article 1 of the Criminal Code, there is an important principle that an act cannot be punished unless it is based on existing criminal law provisions. It is as if it is a "guideline" for the criminal law system to determine whether a person's actions can be considered as a punishable offense or not. This principle reflects the importance of legal certainty, where every citizen knows exactly what can and cannot be done according to law.

However, pay attention also to paragraph (2) of Article 1 of the Criminal Code which proposes an interesting situation. If a change in the law occurs after an act has been committed, the principle of "most favorable terms" is applied to the accused. In other words, if the change in law is detrimental to the defendant, then the version of the law that is most beneficial to him is adopted.

This may sound simple, but actually has deep implications. This principle guarantees that a person cannot be punished with harsher laws if at the time the act was committed the law did not exist. This is a fair step to protect individual rights from the effects of sudden and retroactive changes in law.

So, as a whole, Article 1 of the Criminal Code describes an important foundation in the Indonesian criminal law system. It strikes a balance between legal certainty and protection of individual rights, while guaranteeing that the laws that are most advantageous will be applied in evolving situations.

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