Title: CRIMINAL JUSTICE SYSTEM, CRIMINALIZATION AND CIVIL SERVICE APPARATUS
Abstract: The existence of laws and institutions has the essence of promoting justice in two ways. First, to identify the moral values and moral system that has been settled in the structure of society. Second is to establish a system of legal norms that indirectly form the system of justice itself. The character of justice is essentially unlawful, so the concept of justice itself is born from the assumption that a moral value is not contrary to that is justice. Justice is part of a crystallized moral, in orderly terms. Regularity in positive but it is not enough with only positive it can also be seen from the principle in the basic norms in community life. Criminal is the sorrow imposed by the state upon someone who commits a violation of the provisions of the law. Criminal intentionally dropped to be perceived as sorrow. The size of a criminal penance that someone deserves is an unresolved problem. New crimes are felt in real terms when they are effectively implemented. Its objectives are not solely by the way of imposing a criminal but by resorting to acts. Criminalization is a form that must be given by criminal because it has disrupted social life. The ideal punishment becomes the center of attention of modern criminal law today. The role of a criminal judge is crucial, especially to decide a case fairly. Therefore, the criminal justice must have a lot of data about the actions and the perpetrators. Although the judgment is often a problem, in the same case but have different decision. The circumstances require a control point, which can provide useful help in punishing. The present judicial world has accommodated the progressive law, which in its application has created a new meaning, namely substantive justice, with its peculiarity based on court proceedings and facts, and this is a legal breakthrough, in various criminal justice activities. The purpose of the upcoming criminal law system is the law that organizes human actions. Through a regulation which contains a unity, with essentially linking specific rules, to the moral order, religion order, so that the renewal of the criminal law requires the research and thought of the central, very fundamental and strategic problems, including the policy in establishing criminal sanctions. The regulation of criminal law is a reflection of the ideology of a nation, which makes the law grow, and it is of utmost importance, that the whole law building, rests on a healthy and consistent political view. Implications Reform of criminal with the substitution, refinement of material and formal punishments, is as a step forward, the people of Indonesia, to achieve justice of legal certainty and its usefulness. Therefore it is needed to immediately apply the new formal and material criminal law as a container to improve the nature of the punishment of dignified Indonesian society. Keywords : Law, Criminal, Punishment, Judge and Justice.
Publication Year: 2018
Publication Date: 2018-01-01
Language: en
Type: article
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