Criminalization Based on the Principle of Human Rights Limitation

Ali, Mahrus and Hafid, Irwan and Anggraeny, Kurnia Dewi (2022) Criminalization Based on the Principle of Human Rights Limitation. [Artikel Dosen]

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The use of criminal law to limit the freedom of citizens’ civil rights must be done with caution since it intimately links to the infringement of such rights. The present study aims to explore the criteria of criminalization based on the principle of limitations of human rights. This study employed doctrinal legal research using both conceptual and statutory approaches. In the policy formation of illegal acts, the legislator frequently formulates rights constraints. The criminalization criteria specified in the human rights
limitation can be used to apply this restriction. Restriction-containing offenses determined by the legislature must be by law, legitimate aim, and necessity in a democratic society. A consistent model of criteria for democratic society demands
does not exist. This last criterion is linked to both the
proportionality principle in human rights and the concept of criminal law as a last resort.

Keywords: Criminalization; Human rights; Limitation; Proportionality

Item Type: Artikel Dosen
Subjects: K Law > K Law (General)
Divisi / Prodi: Faculty of Law (Fakultas Hukum) > Faculty of Law (FH) Doc
Depositing User: Kurnia Dewi Anggraeny
Date Deposited: 03 Apr 2023 03:45
Last Modified: 03 Apr 2023 03:45

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