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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 5, ISSUE 4 (2023)
Policy Formulation of the principle of material illegality in the criminal code and the law on the eradication of criminal acts of corruption
Authors
Reimon Supusepa
Abstract

One of the central problems in criminal policy using penal means (criminal law) is the problem of determining what actions should be considered criminal offenses. Analyzing this issue cannot be separated from the integral conception of criminal policy and national development policy. The above conception must be carried out by analyzing a policy-oriented approach that is not only a criminal law approach but an approach related to legal development in general related to the eradication of corruption crimes, as seen from the nature of the material law applied in the regulation of corruption crimes.

The normative law research method was applied, with a conceptual and statutory approach. The research method is descriptive-qualitative; the sources of primary and secondary legal material include legislation and secondary legal material, scientific publications connected to this writing corruption, legal material collection techniques through literature studies, and online media.

The results and debate in this article are the establishment of the principle of material lawlessness in laws, which cannot be separated from one of the goals of suppressing and reducing crime in order to achieve public welfare. It must be acknowledged that, until far, the legislation that serves as the source of written law (the principle of legality) in determining a criminal act lags far behind. This necessitates a reorientation in determining a criminal offense, not just from the standpoint of written legislation. Rather, it must be decided by the principles that have grown and developed in Indonesian society (material legality), such as customary law, morality, and fairness.
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Pages:31-34
How to cite this article:
Reimon Supusepa "Policy Formulation of the principle of material illegality in the criminal code and the law on the eradication of criminal acts of corruption". International Journal of Law, Policy and Social Review, Vol 5, Issue 4, 2023, Pages 31-34
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