National Criminal Code Innovation And Statutory Certainty Of Living Law

General Background The modernization of the Indonesian penal system introduces traditional societal norms into formalized legal frameworks. Specific Background Law Number 1 of 2023 recognizes unwritten customary regulations as a basis for criminal prosecution, challenging the traditional formal legality principles that demand strict statutory codification. Knowledge Gap Although legal pluralism accommodates local wisdom, the boundaries preventing arbitrary enforcement and discrimination under this new paradigm remain insufficiently defined within current judicial mechanisms. Aims This research analyzes the relationship between formal legality constraints, human rights protections, and the recognition of customary norms in contemporary criminal justice. Results Normative juridical analysis indicates that accommodating customary norms does not inherently violate legality principles; however, it risks severe constitutional uncertainty without explicit parameters defining prohibited acts, subject jurisdictions, and evidentiary standards. Furthermore, current procedural guidelines lack sufficient safeguards against arbitrary judicial interpretation regarding unwritten customary violations. Novelty This study distinctly evaluates the constitutional adequacy of procedural parameters for customary prosecutions through the interconnected perspectives of legal pluralism, strict statutory certainty, and fundamental human rights limitations. Implications Policymakers and local governments must establish rigorous, transparent codification mechanisms and standardized evidentiary guidelines for customary infractions to prevent discriminatory enforcement and ensure equitable justice nationwide. Highlights Integrating unwritten customary regulations into formal justice frameworks requires explicit procedural boundaries to prevent arbitrary prosecutions. Unregulated judicial interpretation of traditional norms risks violating fundamental constitutional rights and strict statutory principles. Local governments must systematically codify traditional infractions to guarantee equitable legal protection across diverse jurisdictions. Keywords Legal Certainty; Living Law; Criminal Justice; Statutory Legality; Legal Pluralism