Enforcement of The Criminal Justice System in Indonesia

The criminal justice system can be said to have a central position in its application. This is because every decision in sentencing has quite broad consequences. Thus criminal decisions often experience fundamental legal disparities, where this phenomenon can refer to the application of punishment that is not in accordance with the value of criminal objectivity. Besides that, the function of an integrated criminal justice system should ideally be based on the balance between the crime and the offender. Where it is clear that primarily functions as a means of rational crime prevention, and secondary as a means of social control. The disparity in sentencing has a profound impact, both juridically, sociologically and philosophically. This is because the judge's decision has a basic foundation on constitutional balance. Of course, there are many factors that can cause criminal disparities. However, in the end it is the judge who will determine whether the decision constitutes a criminal disparity or not. For this reason, the judge's decision may not be intervened by any party. This study aims to analyze the root causes of legal disparities that occur in Indonesia. And beside Therefore, another goal is to become an appropriate and effective framework in tackling legal disparities in Indonesia by referring to the restorative justice model. For this reason, this research method uses qualitative methods with reference to literature reviews to explain the results of the study.