The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

Development of Criminal Liability Model in Indonesian Criminal Code Based on Pancasila Justice Value

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289434,
        author={Sri Endah Wahyuningsih and Jawade  Hafidz},
        title={Development of Criminal Liability Model in Indonesian Criminal Code Based on Pancasila Justice Value},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={criminal liability model indonesian criminal code pancasila},
        doi={10.4108/eai.10-9-2019.2289434}
    }
    
  • Sri Endah Wahyuningsih
    Jawade Hafidz
    Year: 2019
    Development of Criminal Liability Model in Indonesian Criminal Code Based on Pancasila Justice Value
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289434
Sri Endah Wahyuningsih1,*, Jawade Hafidz1
  • 1: Sultan Agung Islamic University, Jl. Kaligawe Raya No.KM, RW.4, TerboyoKulon, Genuk, Kota Semarang, Jawa Tengah 50112, Indonesia
*Contact email: endah.w@unissula.ac.id

Abstract

The accumulation of cases at the level of investigation, prosecution, trial, and fully loaded of the penitentiary are caused by the unfair model of criminal liability principles in the Criminal Code. According to the Criminal Code, if a person's actions meet the elements of the formulation of the offense in the Act and the perpetrator can be responsible, then the perpetrator must be punished, even if mediation has occurred among offender and victim. Therefore, it is needed to develop a model of fair criminal liability principle. This study used the socio-legal approach method by using descriptive-analytical specifications. The respondents are police, prosecutors, judges, and correctional officers. The results of the consequences by using the principle of legality and the model of the formulation of a single jail sanction cause law enforcers to always demand and drop prison. According to the Criminal Code mediation, it does not guarantee to stop the criminal proceedings. An alternative that fits Pancasila's justice value is to incorporate meditation as one of the reasons for the abolition of criminal sanction in the Criminal Code, so there is a guarantee of justice and legal certainty for the perpetrators and victims.