Principle of Legality
by Adieb Mohammad, Lawyer [1]
The first sentence in the form of the Criminal Code is the course that must be followed by the mandatory judge and public prosecutor read::
"One can not act unless based on the provisions of criminal legislation that has been there. " Normally named the Principle of Legality.
This principle is the implementation of criminal law in
"Nullum delictum nulla poena sine praevia lege"
Or translated - (no offense, no criminal laws without first.)
First sentence is introduced by German law called von Feuerbach. Indeed, what appears to be a simple von Feuerbach,
Let us pick out a small portion of the law – ie uu no. 39 th 1999 or better known as the Law of Human Rights Article 16 paragraph 2 which reads:
"Everyone can not be prosecuted or punished for criminal, except under the laws existing before the crime was done. "
Equivalent?
If then there be some things that someone can be (prosecuted or punished for criminal ) categorized according to principle of legality:
1. not everyone can / may be prosecuted or punished for criminal
2. only by mandatory rules of law existing
3. not retroactive.
But what if the are by the public prosecutor or the judge?
It is difficult in the legal system even though we have the Commission and the Judicial Commission of attorney.
Process and applied in the difficult reality.
[1] Based on Indonesian rule
