COMPARATIVE ANALYSIS OF BLOOD ALCOHOL CONCENTRATION THRESHOLDS AND CRIMINAL RESPONSIBILITY IN INDONESIA AND GERMANY

Josephine Steffanie, . (2025) COMPARATIVE ANALYSIS OF BLOOD ALCOHOL CONCENTRATION THRESHOLDS AND CRIMINAL RESPONSIBILITY IN INDONESIA AND GERMANY. Al-Risalah : Jurnal Imu Syariah dan Hukum, 26 (1). pp. 199-219. ISSN 2550-0309

Text 2210611465_ArtikelKI.pdf Restricted to Repository staff only Download (376kB)

Abstract

Criminal liability is based on the perpetrator's awareness and ability. However, Indonesian criminal law still experiences a normative gap because it does not regulate the blood alcohol concentration (BAC) limit as an objective parameter for assessing the ability to be responsible. As a result, judges' assessments are subjective and lead to disparities in decisions. This normative-comparative research aims to analyze the gap in the BAC norm in Indonesia by comparing it to the German criminal law system. The method used is normative legal research with a legislative, conceptual, and comparative approach, using literature study data. The results show that Germany sets a BAC limit of 0.3–1.09‰ for relative impairment and ≥1.1‰ for complete loss of ability, while Indonesia does not have a similar standard. The novelty of this research lies in the formulation of a concept for determining a measurable and applicable alcohol level limit in Indonesia, namely the proposed addition of Article 38A to the National Criminal Code with a BAC limit of 0.03%–0.1%. This determination is recommended to realize legal certainty, proportionality, and substantive justice in the Indonesian criminal law system.

Item Type:	Article
Additional Information:	[No. Panggil : 2210611465] [Pembimbing : Aji Lukman Ibrahim] [Penguji 1 : M. Rizki Yudha Prawira] [Penguji 2 : Faqih Zuhdi Rahman]
Uncontrolled Keywords:	Blood Alcohol Concentration; Comparative Criminal Law; Criminal Liability.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	JOSEPHINE STEFFANIE RENATTA NDURU
Date Deposited:	17 Mar 2026 06:53
Last Modified:	17 Mar 2026 06:53
URI:	http://repository.upnvj.ac.id/id/eprint/41966

Actions (login required)

View Item