Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions

The judicial power in criminal law enforcement within the Criminal Justice System, including the execution of criminal sanctions sub-system, should be independent and self-supporting. In Indonesia, the execution of criminal sanctions sub-system is currently under the executive power that enables the...

Full description

Bibliographic Details
Published in:Lex Scientia Law Review
Main Author: Widyawati A.; Pujiyono P.; Rochaeti N.; Ompoy G.; Zaki N.N.B.M.
Format: Article
Language:English
Published: Universitas Negeri Semarang 2022
Online Access:https://www.scopus.com/inward/record.uri?eid=2-s2.0-85144701024&doi=10.15294%2flesrev.v6i2.58131&partnerID=40&md5=054e8f16e4d7417c7206a82435d94078
id 2-s2.0-85144701024
spelling 2-s2.0-85144701024
Widyawati A.; Pujiyono P.; Rochaeti N.; Ompoy G.; Zaki N.N.B.M.
Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
2022
Lex Scientia Law Review
6
2
10.15294/lesrev.v6i2.58131
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85144701024&doi=10.15294%2flesrev.v6i2.58131&partnerID=40&md5=054e8f16e4d7417c7206a82435d94078
The judicial power in criminal law enforcement within the Criminal Justice System, including the execution of criminal sanctions sub-system, should be independent and self-supporting. In Indonesia, the execution of criminal sanctions sub-system is currently under the executive power that enables the practice of execution of sanctions being obstructed by many factors. In relation to that, this study explains the urgency of revision for legal structure of criminal sanctions execution and legal structure reformation for criminal enforcement in Indonesia. It employs a qualitative approach using doctrinal research within the post-positivism paradigm. This study found that it is considered urgent or essential to reform the criminal legal structure of the national law based on philosophical, sociological, and juridical aspects abiding to Pancasila. The criminal law system covers the criminal law enforcement system which includes material criminal law sub-system, formal criminal law sub-system, and execution of criminal sanctions sub-system. Essentially, the execution of criminal sanctions sub-system acts as a sub-system of punishment. The structural reform of the systemic law in execution of criminal sanctions sub-system should be under the auspices of judicial authority, which is the Supreme Court. Therefore, this study concludes that the system should become linear, independent, synergized, and integrated with the investigative agents, prosecutors, and courts in a single criminal law system. In this way, there will be supervision and coordination in the context of the integrality of punishment, which falls under the protection of an integrated criminal law enforcement system. © 2022, Universitas Negeri Semarang. All rights reserved.
Universitas Negeri Semarang
25989677
English
Article
All Open Access; Gold Open Access
author Widyawati A.; Pujiyono P.; Rochaeti N.; Ompoy G.; Zaki N.N.B.M.
spellingShingle Widyawati A.; Pujiyono P.; Rochaeti N.; Ompoy G.; Zaki N.N.B.M.
Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
author_facet Widyawati A.; Pujiyono P.; Rochaeti N.; Ompoy G.; Zaki N.N.B.M.
author_sort Widyawati A.; Pujiyono P.; Rochaeti N.; Ompoy G.; Zaki N.N.B.M.
title Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
title_short Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
title_full Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
title_fullStr Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
title_full_unstemmed Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
title_sort Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
publishDate 2022
container_title Lex Scientia Law Review
container_volume 6
container_issue 2
doi_str_mv 10.15294/lesrev.v6i2.58131
url https://www.scopus.com/inward/record.uri?eid=2-s2.0-85144701024&doi=10.15294%2flesrev.v6i2.58131&partnerID=40&md5=054e8f16e4d7417c7206a82435d94078
description The judicial power in criminal law enforcement within the Criminal Justice System, including the execution of criminal sanctions sub-system, should be independent and self-supporting. In Indonesia, the execution of criminal sanctions sub-system is currently under the executive power that enables the practice of execution of sanctions being obstructed by many factors. In relation to that, this study explains the urgency of revision for legal structure of criminal sanctions execution and legal structure reformation for criminal enforcement in Indonesia. It employs a qualitative approach using doctrinal research within the post-positivism paradigm. This study found that it is considered urgent or essential to reform the criminal legal structure of the national law based on philosophical, sociological, and juridical aspects abiding to Pancasila. The criminal law system covers the criminal law enforcement system which includes material criminal law sub-system, formal criminal law sub-system, and execution of criminal sanctions sub-system. Essentially, the execution of criminal sanctions sub-system acts as a sub-system of punishment. The structural reform of the systemic law in execution of criminal sanctions sub-system should be under the auspices of judicial authority, which is the Supreme Court. Therefore, this study concludes that the system should become linear, independent, synergized, and integrated with the investigative agents, prosecutors, and courts in a single criminal law system. In this way, there will be supervision and coordination in the context of the integrality of punishment, which falls under the protection of an integrated criminal law enforcement system. © 2022, Universitas Negeri Semarang. All rights reserved.
publisher Universitas Negeri Semarang
issn 25989677
language English
format Article
accesstype All Open Access; Gold Open Access
record_format scopus
collection Scopus
_version_ 1812871798078832640