Proceedings of the 2nd International Conference on Law, Social Sciences and Education, ICLSSE 2020, 10 November, Singaraja, Bali, Indonesia

Research Article

The Role of Ultimum Remedium Principles as a Basis for Thinking of the Implementation of Criminal Law in Resolving Legal Problems

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  • @INPROCEEDINGS{10.4108/eai.10-11-2020.2303387,
        author={Ketut Ardika},
        title={The Role of Ultimum Remedium Principles as a Basis for Thinking of the Implementation of Criminal Law in Resolving Legal Problems},
        proceedings={Proceedings of the 2nd International Conference on Law, Social Sciences and Education, ICLSSE 2020, 10 November, Singaraja, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSE},
        year={2021},
        month={1},
        keywords={ultimum remedium; criminal law; criminal law},
        doi={10.4108/eai.10-11-2020.2303387}
    }
    
  • Ketut Ardika
    Year: 2021
    The Role of Ultimum Remedium Principles as a Basis for Thinking of the Implementation of Criminal Law in Resolving Legal Problems
    ICLSSE
    EAI
    DOI: 10.4108/eai.10-11-2020.2303387
Ketut Ardika1,*
  • 1: Universitas Pendidikan Ganesha, Indonesia
*Contact email: ardika.2@undiksha.ac.id

Abstract

This study aims to find the principle of ultimum remedium is one of the principles contained in criminal law, especially in resolving legal problems. The type of legal research using is a normative juridical research method because in this paper it examines a principle which is the basis of thought or instructions for the implementation of a branch of law. The results of this study is that criminal law as a rule has sanctions in the form of suffering / suffering for people who violate the provisions contained in the criminal law, it is necessary to pay attention to and implement the ultimum remedium principle in criminal law enforcement where the ultimum remedium principle directs. and make criminal law a means or last resort in solving a legal problem that occurs. This is intended so that a legal violation is not immediately subject to a criminal sanction, because the criminal sanction is pain / suffering, it must be balanced between the action taken and the reaction in the sense of the stages of legal settlement so that there is no legal decision that deviates from the purpose of the law. criminal law itself is manifested in providing legal certainty and justice for the community.