Implementation of the Principles of Material Legality in Law Enforcement in Indonesia

Abstract

This research aims to research and analyze the implementation of the material legality principle in the Criminal Code to increase public awareness and legal compliance in Indonesia now and in the future. The research method used is normative juridical, using secondary data in the form of statutory regulations, and supported by primary data in the form of field research. The research results show that the implementation of the principle of material legality in law enforcement in Indonesia originates from the laws that exist in society. Formally, it is stated in Article 2 of Law No.1 of 2023 concerning the National Criminal Code, National Law Seminar I of 1963 in Semarang, Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power, Article 5 paragraph (1) Law no. 2 of 2002 concerning the Police of the Republic of Indonesia, Article 8 paragraph (4) of Law No.11 of 2021 concerning Amendments to Law No.16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, but until now it is still very difficult to implement because it is still oriented in the WvS (Criminal Law Book) inherited from Dutch colonialism S. 1915:732 which still adheres to the Certainty (formal) model and is rigid in nature so that it cannot accommodate the values that live in Indonesian society . The implementation of the principle of material legality in law enforcement in Indonesia in the future must adhere to a balance model that is flexible or elastic so that it can accommodate the legal values that live in society as contained in Pancasila as an embodiment of Intellectual Philosophy, so that it can increase legal awareness and compliance in society.