Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Implementation of Ultimum Remedium Principle in Economic Criminal Law of Indonesia

Author(s): Yoserwan, Elwi Danil, Kurnia Warman, Yulfasni

The ultimum remedium principle has been widely accepted as an idea to control the state in criminalization and to use criminal law since it has the most repressive and intrusive sanction. This research tries to find how the principle is implemented in economic criminal law in Indonesia. The research is used both normative and empirical legal research. The data is collected from criminal law enforcement agencies. The result of the research shows that the principle is not fully considered in the process of criminalization. However the principle is implemented by making available civil or administrative procedure beside criminal process which gives priority to choose administrative procedure. The court, both Indonesian Constitutional Court and Supreme Court and the courts underneath have supported the implementation of the principle through their decisions. It is recommended that principle should be formally placed in certain law as guidance for all criminal law institutions and agencies in conducting their authority.