The title I submitted in this legal writing is The Process of Legal Invention of the Judge and Its Implementation in Criminal Judicature. The legal case based the author in conducting this legal research was the existence of controversy on the Article 1 of Criminal Code on legality principle to the Article 28 of the Law Number 4 of 2004 on Judge Authority; thus the author analyzed on how the process of legal invention which is conducted by the judge in criminal
judicature and the barriers faced by the judge. The purpose that is aimed through the conduction of this research was to know and gain data on the process and barriers of legal invention by the judge in criminal judicature. Method of research conducted by the author is
normative research type that gained data from secondary data and conducted description and in drawing conclusion used deductive data. The result of discussion of this legal research is that the judge in conducting legal invention should be consistent with the regulations
established in judge's authority and should not clashed with the justice and the fundamental barriers that were faced by the judge in conducting legal invention is unavailability of significant regulations concerning on legal invention. The advice of the author in this legal
invention is in order the legislature in creating legislation should follow the society's development and establish the significant regulations concerning on legal invention that should be conducted by the judge.