Research Article
Implementation of Pancasila Value in Criminal Law Renewal
@INPROCEEDINGS{10.4108/eai.12-11-2022.2327294, author={Surya Oktarina and Azis Budianto and Rineke Sara}, title={Implementation of Pancasila Value in Criminal Law Renewal}, proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia}, publisher={EAI}, proceedings_a={MIC}, year={2023}, month={2}, keywords={law; criminal; pancasila}, doi={10.4108/eai.12-11-2022.2327294} }- Surya Oktarina
Azis Budianto
Rineke Sara
Year: 2023
Implementation of Pancasila Value in Criminal Law Renewal
MIC
EAI
DOI: 10.4108/eai.12-11-2022.2327294
Abstract
Long before the Dutch ships came to Indonesia, Indonesia was not in a legal vacuum, many kinds of laws already existed, such as customary law and customary law. For almost a century the Criminal Code has been in force in Indonesia, through Law Number 1 of 1946, Wetboek van Straftrecht (WvS) was enforced with several adjustments and applied nationally through Law no. 73 of 1958. WvS in its development was influenced by the French Penal Code (CP) because the last country occupied the Netherlands for approximately three years. However, the reception of colonial law also took place in the land of the windmill. Pancasila is the highest source of law in Indonesia and the development of the national legal system, especially the Indonesian criminal law system, should use legal values based on Pancasila. It must be absorbed into the formation of Pancasila criminal law. The approach method used is a normative juridical approach, a normative juridical approach is used to analyze the Indonesian Criminal Law System and the Indonesian Legal History of the Criminal Code, and Pancasila values as the basis of Indonesian philosophy. Criminal law must be sourced from Pancasila because Pancasila is the source of all sources of law in Indonesia and Pancasila are values that live in society. Pancasila values must be used as a source of criminal law in Indonesia because the values contained in each Pancasila are a reflection of the Indonesian people themselves.
