Authors: Dwidja Priyatno
Addresses: Sekolah Tinggi Hukum Bandung, Jl. Cihampelas No. 8 Pasir Kaliki, Bandung City, West Java, 40116, Indonesia
Abstract: This study aimed at discussing criminalisation of policy during the former President of the Republic of Indonesia era, Susilo Bambang Yudhoyono, as an academic study which at that time was very widespread in media coverage. There were not a few heads of regions affected by the policies undertaken. This has the effect of whether the policy is included in the realm of administrative law or criminal law. The conclusion of this article is that the protection of the law especially against the suspicion of criminalisation of the policy, which applies to the policy maker and implementer, must be expressly contained in the legislation, as the reason for the criminal offense, namely to abolish the unlawful nature (justification). By referring to the principle of legal certainty, the principle of state administration, the principle of public interest, the principle of openness, the principle of proportionality, the principle of professionalism, and the principle of accountability.
Keywords: policy; criminalisation; government; law.
International Journal of Human Rights and Constitutional Studies, 2019 Vol.6 No.3, pp.185 - 191
Received: 31 Oct 2017
Accepted: 04 Jun 2018
Published online: 15 Feb 2019 *