Work

A Comparison of the Principle of Material Legality in the Indonesian Criminal Law System and English Legal System

Year: 2025

Type: article

Abstract: The enactment of the principle of material legality as a source of material law in the Indonesian national criminal code which can be identified from the laws that live in Indonesian society based on the values of Pancasila. This is a renewal in the criminal law system in Indonesia. This research aims to analyse the comparison of the prinviple of material legality in the Indonesian legal system with the principle of material legality in the English legal system. The results of the analysis in this study found that the principle of material legality in Indonesia is based on Communal Morality and religious values while the principle of material legality in England is based on customary law or community customs developed based on court decisions.

Source: International Journal of Social Science and Human Research

DOI: 10.47191/ijsshr/v8-i3-39

Authors: Yosafat Geslauw, Prof. Dr. Eko Soponyono, S.H., M.H

Institution: Diponegoro University

Language: English

Topic: Legal and Policy Analysis in Indonesia

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: bronze

OpenAlex ID: W4408908828