COMPARISON OF THE CONCEPT OF LEGAL CERTAINITY IN THE REGULATION OF THE DEATH IN THE OLD CRIMINAL CODE AND THE NATIONAL CRIMINAL CODE (INDONESIA)

Authors

  • Lalu Alex Tantoi Universitas Brawijaya, Indonesia
  • Abdul Madjid University Brawijaya Malang, Indonesia
  • Milda Istiqomah University Brawijaya Malang, Indonesia

DOI:

https://doi.org/10.56442/ijble.v4i2.271

Keywords:

KUHP, Death Penalty, Legal Comparison, Legal Certainity

Abstract

The presence of the death penalty in the new National Criminal Code (KUHP) enacted in 2023 has sparked a great deal of controversy. Just like its existence, the death penalty still generates many problems and has both proponents and opponents. This research employs a juridical-normative approach and utilizes methods of legal analysis, conceptual analysis, and comparison. The results reveal that the regulation of the death penalty is more legally uncertain when compared to the previous Criminal Code because it is considered highly open to multiple interpretations, lacks clarity, conflicts with other regulations, and presents numerous loopholes that can be exploited by irresponsible individuals for legal transactions.

Author Biographies

Lalu Alex Tantoi, Universitas Brawijaya, Indonesia

  

Abdul Madjid, University Brawijaya Malang, Indonesia

   

Milda Istiqomah, University Brawijaya Malang, Indonesia

    

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Published

2023-10-23

How to Cite

Tantoi, L. A., Madjid, A. ., & Istiqomah, M. . (2023). COMPARISON OF THE CONCEPT OF LEGAL CERTAINITY IN THE REGULATION OF THE DEATH IN THE OLD CRIMINAL CODE AND THE NATIONAL CRIMINAL CODE (INDONESIA). International Journal of Business, Law, and Education, 4(2), 1085 - 1093. https://doi.org/10.56442/ijble.v4i2.271