Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia

Research Article

Hoax and The Principle of Legal Certainty in Indonesian Legal System

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  • @INPROCEEDINGS{10.4108/eai.13-2-2019.2286165,
        author={Sholahuddin  Al-Fatih and Zaka Firma Aditya},
        title={Hoax and The Principle of Legal Certainty in Indonesian Legal System },
        proceedings={Proceedings of the 1st International Conference on Business, Law And Pedagogy, ICBLP 2019, 13-15 February 2019, Sidoarjo, Indonesia},
        publisher={EAI},
        proceedings_a={ICBLP},
        year={2019},
        month={10},
        keywords={legal certainty hoax law case justice},
        doi={10.4108/eai.13-2-2019.2286165}
    }
    
  • Sholahuddin Al-Fatih
    Zaka Firma Aditya
    Year: 2019
    Hoax and The Principle of Legal Certainty in Indonesian Legal System
    ICBLP
    EAI
    DOI: 10.4108/eai.13-2-2019.2286165
Sholahuddin Al-Fatih1,*, Zaka Firma Aditya2
  • 1: Faculty of Law, University of Muhammadiyah Malang, Malang
  • 2: Center for Research and Case Analyse - Constitutional Court of The Republic of Indonesia
*Contact email: salfatih@umm.ac.id

Abstract

There is no doubt that legal certainty is one of the basic principles in a law-based society. In fact, it can also be said that the principle of legal certainty is often considered synonymous with the rule of law itself. Thus, the principle of legal certainty has reached the character of universality. Problems arise when the principle of legal certainty is confronted in a concrete case. In the case of the spread of HOAX, for example, the principle of legal certainty is more widely used than the principle of legal justice. As a result, at present, many people are subjected to criminal penalties because law enforcers, especially court judges, prioritize legal certainty (as written in the law) rather than applying legal justice. In this case, this article will discuss critically the application of the principle of legal certainty in the Indonesian legal system. In particular, this article highlights the fact that in many cases the spread of deception, judges prioritize the approach of using the principle of legal certainty rather than seeking substantive legal justice from the case.