Research Article
Reconstruction Of The Criminal System As A Fair Law Reform
@INPROCEEDINGS{10.4108/eai.28-10-2022.2326382, author={Nanda Yoga Rohmana}, title={Reconstruction Of The Criminal System As A Fair Law Reform}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia}, publisher={EAI}, proceedings_a={ICLSSE}, year={2023}, month={1}, keywords={legal reconstruction criminal system legal reform justice}, doi={10.4108/eai.28-10-2022.2326382} }- Nanda Yoga Rohmana
Year: 2023
Reconstruction Of The Criminal System As A Fair Law Reform
ICLSSE
EAI
DOI: 10.4108/eai.28-10-2022.2326382
Abstract
Due to its rigidity and the certainty with which the law is written, today's criminal justice system has a chilling effect on people's perceptions of fairness. The existing concept of punishment only gives weight to objective factors, such as breaking the law, and subjective ones, such as making a mistake. So, not only do we need to restructure the appropriate criminal system, but we also need to alter the criminal legislation based on these two elements to condemn a person. This article seeks to further progress toward that goal by proposing changes to the legislation governing the criminal system that is in line with the knowledge and principles held dear by the people of Indonesia. In this work, a qualitative (legal-normative) literature review was conducted. According to the findings of the research, not only are sentencing terms based on subjective and objective factors, as previously explained but also the prerequisites for punishment are included as a condition for a person to be punished with a preset legal framework.