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In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), [1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"), [2] is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.
In law, the principle of imputation or attribution underpins the concept that ignorantia juris non excusat —ignorance of the law does not excuse. All laws are published and available for study in all developed states. The said imputation might also be termed "fair notice".
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According to historical records, a civil law called the Code Civil des Français was formed in 1804, in which most European referred to them as the Napoleon Code. [2] On 24 May 1806 the Netherlands became a French client state, styled the Kingdom of Holland under Napoleon's brother, Louis Bonaparte in which he was instructed by Napoleon to receive and enact the Napoleonic Code.
Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law.Before European presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat (unwritten, traditional rules still observed in the Indonesian society). [1]
Under the principle of ignorantia juris non excusat, ignorance of or mistake about the law is no defense. The mens rea of knowledge refers to knowledge about certain facts. It is "a positive belief that a state of affairs exists". [2] Knowledge can be actual, constructive, or imputed. [3]
The general policy usually allocated in cases of mistakes is ignorantia juris non excusat, i.e. the state cannot allow ignorance of the law to be a defense. This would unduly encourage the lazy and the deceitful to trade on their ignorance (real or otherwise).
ignorantia juris non excusat (or ignorantia legis non excusat or ignorantia legis neminem excusat) ignorance of the law is no excuse: Legal principle whereby ignorance of a law does not allow one to escape liability ignoratio elenchi: ignorance of the issue