THE SHIFTING OF MONISTIC TO DUALISTIC THEORY IN INDONESIAN CRIMINAL LAW
This article aims to discuss the shifting occurrence from monistic to dualistic theory in Indonesian materiel criminal law in which the criminal system within the Criminal Code (KUHP) is known as KUHP based on recent legality principle. This article is a normative research which analyzes dualistic theory in order to acknowledge the law issues. The methodology used is qualitative descriptive methodology with conceptual, statue, and dualistic theory’s approach. In short, based on legality principle, criminal can be received or accepted if the action or fault cause the criminal in KUHP which is rigid in solving the law enforcement problem. The difference of dualistic theory can be seen in the separation between criminal offense and responsibility. The results indicated that the Draft Penal Code (RKUHP) has explicitly been implemented the duality theory as criminal system in Indonesia due to make the relationship between certainty law and justice can be realized in jurisprudence.
Dualistic Theory, Monistic Theory, Criminal Law, Criminal Offense