Disputes in the Civil Realm as a Justification for Eliminating Criminal Acts from The Perspective of The New Criminal Code

This research investigates significant changes in the criminal law approach to disputes in the civil realm, specifically focusing on the justification for excluding certain criminal acts under the new Criminal Code. This shift reflects the evolution of criminal law towards a more equitable and human rights-oriented system of law enforcement. The main objective of this research is to analyze the implications and changes introduced by the new Criminal Code concerning the recognition of civil disputes as a justification for eliminating criminal acts. Additionally, the research aims to understand the impact of these changes on criminal law practice and their effect on justice within the legal system. This study employs normative legal research methods, involving the analysis of laws, legal regulations, court decisions, and relevant legal literature. A qualitative approach is used to examine and understand the changes in the new Criminal Code and their practical implications for criminal law enforcement. The findings indicate that the new Criminal Code provides greater recognition of civil disputes as a valid justification for eliminating criminal liability. This change reflects efforts to create a criminal law system that is more inclusive and sensitive to ethical values, morality, and justice. In practice, this shift alters the approach to law enforcement in cases involving civil disputes, aligning the criminal law system more closely with principles of fairness and human rights.

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Publication Details

Journal
The Digest Journal of Jurisprudence and Legisprudence
Published
2024-12-31
DOI
https://doi.org/10.15294/digest.v5i2.19042
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
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article

Disputes in the Civil Realm as a Justification for Eliminating Criminal Acts from The Perspective of The New Criminal Code

Cahya Wulandari, Diaudin, Ali Masyhar Musyid
The Digest Journal of Jurisprudence and Legisprudence
Legal and Policy Analysis in Indonesia
article

Disputes in the Civil Realm as a Justification for Eliminating Criminal Acts from The Perspective of The New Criminal Code

Cahya Wulandari, Diaudin, Ali Masyhar Musyid
article en

Abstract

This research investigates significant changes in the criminal law approach to disputes in the civil realm, specifically focusing on the justification for excluding certain criminal acts under the new Criminal Code. This shift reflects the evolution of criminal law towards a more equitable and human rights-oriented system of law enforcement. The main objective of this research is to analyze the implications and changes introduced by the new Criminal Code concerning the recognition of civil disputes as a justification for eliminating criminal acts. Additionally, the research aims to understand the impact of these changes on criminal law practice and their effect on justice within the legal system. This study employs normative legal research methods, involving the analysis of laws, legal regulations, court decisions, and relevant legal literature. A qualitative approach is used to examine and understand the changes in the new Criminal Code and their practical implications for criminal law enforcement. The findings indicate that the new Criminal Code provides greater recognition of civil disputes as a valid justification for eliminating criminal liability. This change reflects efforts to create a criminal law system that is more inclusive and sensitive to ethical values, morality, and justice. In practice, this shift alters the approach to law enforcement in cases involving civil disputes, aligning the criminal law system more closely with principles of fairness and human rights.

The Digest Journal of Jurisprudence and LegisprudenceVol. 5(2)
State University of Semarang (ID)
Openalex Percentile: Top 43%
Legal and Policy Analysis in Indonesia
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