KAJIAN ASAS BERLAKUNYA HUKUM PIDANA MENURUT WAKTU DAN TEMPAT SERTA ALASAN PENGHAPUS PIDANA (STRAFUITSLUITINGSGRONDEN)

Abstract

This study aims to analyze the application of the principles governing the temporal and territorial applicability of criminal law in the Indonesian criminal justice system and to examine the concept and implementation of grounds for the exclusion of criminal liability (strafuitsluitingsgronden). This research employs normative legal research using statutory, conceptual, and case approaches. The legal materials consist of primary legal sources in the form of legislation, particularly Law Number 1 of 2023 concerning the Indonesian Criminal Code, secondary legal sources including legal literature, scientific journals, and scholarly opinions, as well as tertiary legal materials such as legal dictionaries and encyclopedias. The collected legal materials were analyzed qualitatively using descriptive-analytical methods through legal interpretation. The findings indicate that the temporal application of criminal law is based on the principle of legality, which guarantees legal certainty and prohibits the retroactive application of criminal law, except where a more favorable provision applies to the offender as stipulated by law. Meanwhile, the territorial application of criminal law encompasses the territorial principle, active nationality principle, passive nationality principle, protective principle, and universality principle, which serve as the basis for determining Indonesia's criminal jurisdiction over transnational crimes. Furthermore, the grounds for the exclusion of criminal liability consist of justificatory and excusatory grounds that eliminate either the unlawfulness of the act or the culpability of the offender, thereby removing criminal responsibility. Therefore, the application of these principles and grounds constitutes an essential instrument for ensuring legal certainty, justice, and the protection of human rights within the Indonesian criminal justice system.

Keywords: criminal law, principle of legality, territorial principle, criminal jurisdiction, grounds for exclusion of criminal liability, strafuitsluitingsgronden.