The Philosophical Basis of Setting Specific Minimum Imprisonment against Serious Crimes on the KUHP in the Framework of the Renewal of Criminal Law

Abstract

The crimes of morality in law No. 1 Year 1946 on the book of the Law of Criminal Law (KUHP) are set in Article 281-303. On this article not set specific minimum imprisonment (vacancy norm). This kind of crime in the criminal law specifically and some foreign KUHP as well as in the draft KUHP regulated minimum imprisonment. There is no specific minimum imprisonment came in evil morality gives rise to a sense of unfair to victims and the community. In the practice of law, the judge dropped the length of imprisonment varying between one and a verdicts with the other for the type of crime the same decency. Based on the background of basic philosophical problems formulated setting specific minimum imprisonment in article about the crimes of morality, setting minimum imprisonment threat specifically against the perpetrators of the crime of decency expected in the days to come. This research is the legal research using the statutory approach, concepts and comparisons. After doing research, the philosophical basis of the results obtained setting specific minimum imprisonment in article about the crimes of morality is the basis of Justice, basic protection and the principle of respect for human rights. Setting minimum imprisonment threat specifically against the perpetrators of the crime of decency expected in the foresee able future should refer to the special criminal legislation, the criminal law of foreign countries and the design of the book of the law of criminal law which regulates the special minimum imprisonment of evil morality as well as the legal expert opinions that support setting specific minimum imprisonmentof evil morality.

Keywords: crime, criminal law, human rights, decency crimes