<![CDATA[This study critically examines the dialectics, legality, and urgency of criminal punishment within the context of Indonesian criminal law. Using a normative juridical approach and qualitative analysis method, the research explores the development of criminal law thought in Indonesia, highlighting the limitations of the principle of legality in its application, and evaluating the urgency of using punishment as a means of social reform. The findings reveal that the development of criminal law in Indonesia demonstrates a dialectical relationship between morality, justice, and formal legality. The legalistic approach emphasizes legal certainty and strict interpretation of the rules, while the contextual approach prioritizes substantive justice by taking into account social and humanitarian factors. The principle of legality remains a fundamental tenet that protects individuals from abuse of power by requiring criminal laws to be clear, firm, and non-retroactive, serving as the foundation for the protection of human rights and the rule of law. However, the dynamics of modern crime and technological advancement often cause legal regulations to lag behind, posing challenges in law enforcement and creating potential ambiguity in application. In this context, the urgency of criminal punishment lies not only in the imposition of sanctions as retribution but also as an effort toward prevention and rehabilitation to maintain order, provide a deterrent effect, and protect society. Therefore, a balance is needed between legal certainty and flexibility in the application of criminal law to effectively and fairly respond to social changes. This includes more humane law enforcement, the strengthening of customary law, and education and training for law enforcement officers to carry out their duties inclusively and adaptively in a complex and pluralistic society.]]>
