JURNAL LITIGASI (e-Journal)
Vol 18 No 1 (2017)

POLA PENEGAKAN HUKUM PIDANA BERDASARKAN NILAI-NILAI KEMANUSIAAN DALAM PERSPEKTIF ASAS MANFAAT

Gialdah Tapiansari Batubara (Fakultas Hukum Universitas Pasundan Bandung)
Anthon Freddy Susanto (Fakultas Hukum Universitas Pasundan Bandung)



Article Info

Publish Date
08 Mar 2018

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.

Copyrights © 2017






Journal Info

Abbrev

litigasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher ...