PROBLEMATIKA ASAS RETROAKTIF DALAM HUKUM PIDANA INDONESIA
Abstract: One of the
fundamental principles of criminal law is the principle of legality. This principle
of prohibition enforcement consequences subsided (non-retroactive) a criminal
law. In its development, this principle was deviation, especially for the
crimes that fall into that category gross human rights violations.
Constitutional Court decision to cancel the implementation regulation No.
subsided. Law No. 2/2002 or Law No. 16/2003 closed the possibility of other
criminal regulations made retroactive. Retroactive provisions of the
(retroactive) in Indonesia is only possible for the gross human rights
violations as defined in Law No. 39/1999 or Law No. 26/2000. This issue becomes
complicated when the crime occurred a new type will cause a lot of casualties
but no criminal laws that govern them. Will restrictions on retroactive
application of the principle is so tight to let the victim fall.
Kata Kunci: asas legalitas,
asas retroaktif, asas non-retroaktif
Penulis: Agus Raharjo
Kode Jurnal: jphukumdd080019
