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IMPLEMENTATION BALANCING IDEA IN THE DEVELOPMENT OF CRIMINAL LAW IN INDONESIA

Santoso Santoso

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Abstract

Development of national criminal law has long been a study and discussion for academics, practitioners and law enforcement in Indonesia. Development or renewal of criminal law would become ideals of the nation to realize laws for all society, because the Criminal Code at this time is considered not answer legal issues in Indonesia, in particular recent developments tends to evoke dissatisfaction of society in law enforcement. Renewal and development of criminal law can not be done on an ad-hoc (partial) but should be fundamental, comprehensive and systemic in the recodifikation form which includes three main problems of criminal law, namely the formulation of the act against the law (criminal act), criminal liability (criminal responsibility) both of the perpetrators as natural human (natural person) nor corporate (corporate criminal responsibility) and the criminal and actions can be applied. Criminal law occupies an important position in the entire legal system in a country. Although it is still questionable benefit in collating orderly and peaceful society, but increasingly important for studying it facets to support the whole life system in society.

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What this paper is about

Development of national criminal law has long been a study and discussion for academics, practitioners and law enforcement in Indonesia. Development or renewal of criminal law would become ideals of the nation to realize laws for all society, because the Criminal Code at this time is considered not answer legal issues in Indonesia, in particular recent developments tends to evoke dissatisfaction of society in law enforcement. Renewal and development of criminal law can not be done on an ad-hoc (partial) but should be fundamental, comprehensive and systemic in the recodifikation form which includes three main problems of criminal law, namely the formulation of the act against the law (criminal act), criminal liability (criminal responsibility) both of the perpetrators as natural human (natural person) nor corporate (corporate criminal responsibility) and the criminal and actions can be applied. Criminal law occupies an important position in the entire legal system in a country. Although it is still questionable benefit in collating orderly and peaceful society, but increasingly important for studying it facets to support the whole life system in society.

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Available abstract

Development of national criminal law has long been a study and discussion for academics, practitioners and law enforcement in Indonesia. Development or renewal of criminal law would become ideals of the nation to realize laws for all society, because the Criminal Code at this time is considered not answer legal issues in Indonesia, in particular recent developments tends to evoke dissatisfaction of society in law enforcement. Renewal and development of criminal law can not be done on an ad-hoc (partial) but should be fundamental, comprehensive and systemic in the recodifikation form which includes three main problems of criminal law, namely the formulation of the act against the law (criminal act), criminal liability (criminal responsibility) both of the perpetrators as natural human (natural person) nor corporate (corporate criminal responsibility) and the criminal and actions can be applied. Criminal law occupies an important position in the entire legal system in a country. Although it is still questionable benefit in collating orderly and peaceful society, but increasingly important for studying it facets to support the whole life system in society.

Key concepts: Criminal law, Law, Law enforcement, Political science, Criminal liability, Criminal procedure, Criminal code, Theory of criminal justice

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