By Han Bing Siong
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Extra resources for An Outline of the Recent History of Indonesian Criminal Law
RECENT lllSTORY OF INDONESIAN CRIMINAL LAW 35 applicable, and what the content of those regulations was. All this would hamper the administration of justice in those regions. On the other hand, it was also perceived that in the republican criminal law many provisions were absent which were considered necessary by the Dutch, and that many republican stipulations were too severe because they were devised to deal with different circumstances, which, according to the Dutch, had to be valued in a very different way.
The greatest objection against the dualism is the confusion which could be the result of it, and consequently, the legal insecurity. S. I. P. 15 5 Because of the existing dualism, one must investigate every time whether an offence was committed within the areas of Djakarta Raja or of East Sumatra, or within the territorial sphere of the K. P. Besides, as regards the area of East Sumatra, two interpretations are possible concerning the question whether the K. P. S. I. (see above). P. S.
Sastranegara, op. cit. p. 11 and p. 10 note 23. RECENT HISTORY OF INDONESIAN CRIMINAL LAW 37 stance art. l23 The same serious gap in the criminal law as in the first months after the proclamation of the Republic in 1945 was the consequence. But this time, different from the early days of the Republic, the legislature neglected this gap for a long time and did not take the necessary steps as soon as possible to revise the various provisions. S. , art. 104 of which must be considered inconsistent with the transfer of sovereignty and with the Constitution and thus no longer valid.