The Main Goals and Principles of The Indonesian Criminal Justice System

Abstract

This study aims to establish the fundamental principles and guidelines of punishment in the enforcement of criminal law, as well as to evaluate the fairness of the sentences imposed by judges in criminal cases. The research uses a normative approach, which includes both the Statute and Conceptual approaches, and relies on primary and secondary legal sources through literature review. The analysis conducted is prescriptive in nature.

The study concludes that the objectives and guidelines of punishment within the criminal justice system are centered around the value of justice. Judges have the responsibility to uphold the law and ensure that justice is served. In situations where legal certainty and justice conflict, priority should be given to achieving justice. The proportionality of punishment imposed by judges in criminal cases ensures that the objectives and guidelines of sentencing serve as a mechanism for managing and steering, ensuring that the imposed penalty is intentional and well-oriented. Every criminal sentence should be carried out while considering the principles of certainty and proportionality, aiming to achieve justice in accordance with the Pancasila ideology and the 1945 Constitution of the Republic of Indonesia.Top of Form

Keywords: main goals, principles, proportionality, criminal justice system

DOI: 10.7176/JLPG/139-12

Publication date: February 28^th 2024