Reconciling the Principle of Legality and Living Law in Criminal Law: A Model of Limited Legality Based on Judicial Verification

Abstract: This study aims to analyze the problem of legal certainty in the application of living law in criminal law, particularly following its recognition in Government Regulation No. 55 of 2025. The integration of living law without clear normative boundaries has the potential to create legal uncertainty, disparity in rulings, and uncontrolled expansion of judicial discretion. This situation highlights a tension between the need for legal certainty, as guaranteed by the principle of legality, and the demand for substantive justice that exists within society. This study employs a normative legal method with a conceptual and statutory approach. Qualitative analysis is conducted to examine the relationship between the principle of legality and living law, as well as to formulate a normative model capable of reconciling the two. The research findings indicate that the primary issue does not lie in the recognition of living law as a concept, but rather in the absence of clear criteria and structured verification mechanisms in its application. To address this issue, this study proposes a model of limited legality based on judicial verification, which positions the principle of legality as the primary rule, while treating living law as a secondary consideration that can only be applied through the fulfillment of cumulative requirements and strict verification mechanisms. This model implies a limitation on judicial discretion within a normative framework that is testable and accountable, thereby maintaining a balance between legal certainty and substantive justice within the criminal law system. Thus, the proposed model functions not only as a mechanism for reconciliation but also as a normative control instrument over the application of living law.