Contradiction Of The Concept Of Statute Criminal Act And Living Criminal Act

The 'Statute Criminal Act' is regulated in Article 1 paragraph (1) and Article 12 of the New Criminal Code. In contrast, the 'Living Criminal Act' is regulated in Article 2 and Article 597 of the New Criminal Code. The benchmark in Article 1 paragraph (1) of the New Criminal Code is contrary to the Criminal Law, strengthened by Article 12 paragraph (1) of the New Criminal Code. The benchmark for Article 12 paragraph (2) of the New Criminal Code must be 'against the law' or 'contrary to existing laws in society'. Meanwhile, the 'Living Criminal Act' in benchmark Article 597 paragraph (2) of the New Criminal Code contradicts the 'Living Criminal Act'. The legal issue in this article is that there is a contradiction between the benchmarks for the 'Statute Criminal Act' and the 'Living Criminal Act', and whether the same criteria can be used for two different concepts of action. This research is doctrinal research, with a statute approach and a conceptual approach to obtain primary and secondary legal materials and analyze problem formulations using prescriptive analysis. The results of the study show that there is an internal contradiction in the concept of 'Criminal Act' because it contains contradictory benchmarks, and there is an external contradiction in 2 (two) different concepts between the 'Statute Criminal Act' and the 'Living Criminal Act' but using various benchmarks. We give rise to a legal concept that needs to be more coherent. The regulation of 'living law', further regulated in Regional Regulations, is expected to balance the principles of 'modern' criminal law in the applicable laws and regulations to avoid weaknesses in legal loopholes.