The Significance Of The Living Law Concept In The New Criminal Code: A Perspective Of Progressive Law

Abstract

Discussions on the Indonesian Criminal Code (New Criminal Code) continue to develop and become the spotlight for various parties involved in the legal world. One aspect that has drawn criticism is the concept of law that lives in society, which in legal literature is often referred to as "living law". The regulation of law that lives in society is an idea that involves the interaction between written legal norms and developments and changes in society. This research will deeply analyze the importance of living law regulation in Indonesia's New Criminal Code from a progressive legal perspective. This research is designed using the normative juridical method, which refers to legal analysis based on existing regulations. The research results validate the necessity of incorporating provisions on living law regulation in the New Criminal Code, as it plays a crucial role in safeguarding legal certainty and upholding the continuity of customary law in Indonesia. The regulation of living law is aligned with the principles of the progressive law enforcement method’.