AN OVERVIEW OF THE PRINCIPLE OF LEGALITY: COMMON LAW VS CIVIL LAW POTRET ASAS LEGALITAS DALAM HUKUM PIDANA: COMMON LAW VS CIVIL LAW

Abstract

The principle of legality stands as a fundamental cornerstone in upholding criminal law, necessitating a thorough and foundational comprehension. This study aims to present an overview of the principle of legality within the two predominant legal systems globally, namely common law and civil law. Employing a normative legal approach, through an examination of primary, secondary, and tertiary legal sources gathered via literature review. This research illuminates the differing applications of the principle of legality within common law and civil law. The result is, within common law, the principle of legality, epitomized by Nulla Poena Sine Lege, is practically reliant on precedents established through judicial decisions. Conversely, in civil law, the principle is encapsulated by Nullum Crimen, Nulla Poena Sine Praevia Lege Poenali, emphasizing adherence to written regulations found within various criminal legal frameworks.