Konsep Nullum Delictum dalam Hukum Pidana Indonesia: Sebuah Tinjauan

The concept of *nullum delictum* is a fundamental principle in criminal law, signifying that no act can be considered a crime unless it is explicitly prohibited by law. This principle, deeply rooted in the legal systems of many countries, including Indonesia, serves as a cornerstone of justice and fairness. It ensures that individuals are not punished for actions that were not deemed criminal at the time of their commission. This article delves into the concept of *nullum delictum* within the Indonesian criminal justice system, exploring its historical context, legal basis, and practical implications.

The Historical Context of *Nullum Delictum* in Indonesia

The principle of *nullum delictum* has a long and rich history, dating back to ancient civilizations. Its roots can be traced to the Roman legal system, where the maxim "nullum crimen sine lege" (no crime without law) was established. This principle was later adopted by various legal systems around the world, including Indonesia. During the Dutch colonial period, the Indonesian legal system was heavily influenced by Dutch law, which incorporated the principle of *nullum delictum*. This principle was enshrined in the Dutch Penal Code (Wetboek van Strafrecht), which served as the basis for the Indonesian Criminal Code (KUHP).

The Legal Basis of *Nullum Delictum* in Indonesia

The principle of *nullum delictum* is explicitly recognized in the Indonesian Criminal Code (KUHP). Article 1 of the KUHP states that "no one can be punished for an act that is not declared a crime by law." This provision clearly establishes that criminal liability can only arise if an act is specifically prohibited by law. The principle of *nullum delictum* is also enshrined in the Indonesian Constitution (UUD 1945), which guarantees the right to legal certainty and prohibits the imposition of punishment without a legal basis.

The Practical Implications of *Nullum Delictum* in Indonesia

The principle of *nullum delictum* has significant practical implications for the Indonesian criminal justice system. It serves as a safeguard against arbitrary and unjust prosecutions. By requiring that all criminal offenses be clearly defined by law, the principle ensures that individuals are aware of the legal boundaries they must adhere to. This principle also prevents the government from retroactively criminalizing actions that were not considered illegal at the time of their commission.

The Principle of *Nullum Delictum* and the Interpretation of Criminal Law

The principle of *nullum delictum* plays a crucial role in the interpretation of criminal law. Judges and prosecutors are bound by this principle when applying the law to specific cases. They must ensure that the act in question is clearly defined as a crime by law and that the elements of the offense are present. This principle also requires that criminal laws be interpreted strictly, meaning that any ambiguity in the law must be resolved in favor of the accused.

The Principle of *Nullum Delictum* and the Principle of Legality

The principle of *nullum delictum* is closely related to the principle of legality, which is another fundamental principle of criminal law. The principle of legality requires that all criminal proceedings be conducted in accordance with the law. This principle ensures that individuals are treated fairly and that their rights are protected throughout the criminal justice process. The principle of *nullum delictum* is an essential component of the principle of legality, as it ensures that individuals are only punished for acts that are explicitly prohibited by law.

Conclusion

The principle of *nullum delictum* is a cornerstone of the Indonesian criminal justice system. It serves as a safeguard against arbitrary and unjust prosecutions, ensuring that individuals are only punished for acts that are explicitly prohibited by law. This principle is deeply rooted in the Indonesian legal system and is enshrined in both the Criminal Code and the Constitution. The principle of *nullum delictum* plays a crucial role in the interpretation of criminal law and is closely related to the principle of legality. By upholding these principles, the Indonesian criminal justice system strives to ensure fairness, justice, and the protection of individual rights.