The Principle of Legality: An Orientation of Autonomous Legal Typology

Abstract

Legality principle as a foundation of criminal law protecting itself with strict, definite, and rigid rules does not justifying analogy, penal provision cannot apply retroactively, it discriminates the formal from the material, consider absolutism and negating relativism, and enforce legal morality toward punitive law, since then the legality of the Criminal Law is belonged to typology of autonomous law. Such typology of autonomous law emphasized the rule of law than access to justice. Next most important aspect is to welcome generation of criminal law by accepting legality principle to be responsive in order to recognize a cosmology of Indonesian criminal law justice in which unwritten laws (material legality) are also living in the middle of people. To support the opinion, an idea of a balance within dynamic unity based on Pancasila’s justice values is needed.

Keywords: legality principle, access to justice, autonomous law