ENFORCEMENT PATTERN OF CRIMINAL LAW BASED ON HUMANITY VALUES IN THE UTILITY PRINCIPAL PERSPECTIVE

  • Gialdah Tapiansari Batubara Fakultas Hukum Universitas Pasundan Bandung
  • Anthon Freddy Susanto Fakultas Hukum Universitas Pasundan Bandung

Abstract

 
[Enforcement Pattern Of Criminal Law Based On Humanity Values In The Utility Principal Perspective] The current Criminal Code is laden with weaknesses, so it is urgent to be replaced by a law-oriented Criminal Code that is closer to the characteristics of the Muslim law (Custom and Law Family), which features Indonesian characteristics (moving from the collective and personal order, reflecting the nation's political ideology ) of Pancasila. One of the selected Pancasila values ​​is humanitarian value. Human values ​​are values ​​that show respect for human beings, because they are essentially legal to human beings. In the realm of material criminal law, human values ​​are reflected in the principle of individualization of punishment (the principle of individuality, flexibility, modification, forgiveness, and culpability), as seen in the National Criminal Code Bill. Not accommodating humanitarian values ​​in the formulation stage will be fatal at the law enforcement stage, but it is also fatal if the error in the formulation stage is left at law enforcement stage, so it is necessary to nationalize the pattern of criminal law enforcement one of them based on humanitarian value, less focus on punishment, contain prevention strategies, strategies for imposition of prison criminal sanctions are ultimum remedium, benefit strategy and balance of interest protection and restoration of relations between perpetrators, victims, community and state, social defense strategy with a rational policy approach that includes the use of economic approach , productive action strategies and contribute to national development in order to realize the legal objectives of benefits.
Keywords: Value, Humanity, Pancasila, Enforcement, Benefit.

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Published
Mar 8, 2018
How to Cite
BATUBARA, Gialdah Tapiansari; SUSANTO, Anthon Freddy. ENFORCEMENT PATTERN OF CRIMINAL LAW BASED ON HUMANITY VALUES IN THE UTILITY PRINCIPAL PERSPECTIVE. LITIGASI, [S.l.], v. 18, n. 1, mar. 2018. ISSN 2442-2274. Available at: <http://journal.unpas.ac.id/index.php/litigasi/article/view/287>. Date accessed: 17 nov. 2018. doi: http://dx.doi.org/10.23969/litigasi.v18i1.287.
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Articles