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VOL. 11, ISSUE 1 (2025)
Implementation of the principle of Lex Specialis Systematis in criminal acts of corruption in Indonesia
Authors
Wahyudin, Mohd Din, Sanusi
Abstract
The principle of lex specialis systematis is a
legal principle that states that criminal provisions are special if the
lawmakers do intend to enforce the criminal provisions as a special criminal
provision or it will be special from the existing special. In law enforcement
in Indonesia, this principle plays an important role in applying appropriate
special criminal provisions to a criminal act that violates several special
criminal provisions, such as the Plantation Law, the Environmental Law and the
Corruption Crime Law. This study aims to analyze the application of the
principle of lex specialis systematis in cases that meet the delinquency of
corruption and fulfill the elements of the articles of the Plantation Law and
the Environmental Law which are hierarchically the same as special criminal
laws, as well as their impact on legal certainty and justice in Indonesia. The
method used is a normative juridical approach with an analysis of laws and
regulations, court decisions, and legal doctrines. The results of the study
show that the application of the principle of lex specialis systematis has been
applied in article 14 of the Corruption Crime Law which states that if it
violates the provisions of the law which expressly states that the violation of
the provisions of the law is a corruption crime, then what is applied is the
Corruption Crime Law, but it is often faced with interpretation challenges by
law enforcement and there is also no law on corruption. Special Crimes in
Indonesia which expressly states that violations of the provisions of the law
are crimes of corruption. Therefore, a consistent and comprehensive
understanding of this principle is needed to prevent the occurrence of norm
conflicts and provide legal certainty in handling corruption crimes.
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Pages:38-42
How to cite this article:
Wahyudin, Mohd Din, Sanusi "Implementation of the principle of Lex Specialis Systematis in criminal acts of corruption in Indonesia". International Journal of Law, Vol 11, Issue 1, 2025, Pages 38-42
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