Implementation Of The Principle Of Ultimum Remedium In Administrative Criminal Law As The Embodiment Of The Law Of The Pancasila State

Abstract

ABSTRACTION

Indonesia is a constitutional state, which means that the state and all elements and processes therein are subject to the law. The purpose of this research is to find out whether the principle of ultimum remedium is a moral principle or a legal principle. The research method used is a normative legal research approach with a conceptual approach. Based on the results of this study, the principle of ultimum remedium is a moral principle as well as a legal principle. Thus the principle of ultimum remedium must be applied consistently. Furthermore, the principle of ultimum remedium should be included in laws and regulations including in the field of Administrative Law because it gives rise to legal certainty, is easy to identify, and is easy to make and replace when it is no longer needed or no longer appropriate.

Keywords: ultimum remedium principle, moral principle, legal principle, legislation