Criminal Law Reform in Indonesia: Implementation of Law’s General Principles into Living Law

Abstract

The living criminal code must comply with and not clash with the broad principles of law accepted by civilised countries, according to Article 2 paragraph (2) of the Draught Criminal Code. As mentioned above, the broad concepts of law recognised by civilised nations are utilised to evaluate the current criminal law system. This essay explains, qualifies, and emphasises the importance of applying universal legal concepts to the general principles of law recognised by civilised nations and incorporating them into criminal law to improve it. Locally implemented customary law makes up live criminal law. A civilised nation recognises general legal concepts in international law, which international bodies apply globally. The two concepts seem disconnected, rendering them unsuitable as touchstones and separate concepts. Basic legal concepts in civilised countries' general principles of law and living criminal law are the link between the two. Extending and qualifying legal notions is the biggest challenge in implementing the law.