Juridical Review of the Concept “Legislation” in the New Criminal Code: Implication and Application

Abstract

The phrase of the statutory regulations contained in Article 1 paragraph (1) of Law No. 1 of 2023 of the Criminal Code means that criminal provisions can be regulated by all hierarchies in the statutory regulations based on Law No. 12 of 2011 concerning the Formation of Legislation. This is not by the rules and basic concepts in making criminal provisions where there is a principle of no punishment without representative, meaning that a formulation of criminal sanction norms is only permitted if there has been an agreement with the people, which in this case means that the approval of the People's Representative Council (DPR) will produce laws and approval from the Governor and regent and mayor which will produce Regional Regulations. This research was conducted using a normative legal research method, the results of which are that in Article 1 paragraph (1) of Law No. 1 of 2023, there has been an unclear norm because it contains a phrase of legislation that has the potential that criminal provisions can be carried out by parties other than people's representatives.