Simanungkalit, Rosalina and Djaja, Benny (2023) Actualization Of Legal Philosophy In The Criminal Justice System In Indonesia. Unes Law Review, 5 (4).

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Abstract

This study aims to analyze the actualization of legal philosophy in the criminal justice system
and review critical theory in efforts to deal with crime in society. Legal philosophy has an
important role in shaping the basics of legal thinking and directing the development of an
effective criminal justice system. Meanwhile, critical theory provides a critical view of the
existing legal system and highlights social, economic, and political aspects that influence crime
prevention. This research uses a descriptive-analytical research method by reviewing the
relevant literature and literature. The analysis is carried out by studying the concepts of legal
philosophy in the context of criminal justice, as well as analyzing critical theoretical reviews of
the legal system and efforts to deal with crime in society. The results of the research show that
the actualization of legal philosophy in the criminal justice system is important for ensuring
justice and protecting individual rights. Principles such as the presumption of innocence, legal
certainty and proportionality of punishment form the basis for carrying out the functions of
criminal justice. In addition, a critical theory review highlights the importance of understanding
the social, economic, and political factors that are at the root of crime problems. Crime
prevention efforts need to involve a holistic approach that goes beyond mere criminal
proceedings, involving rehabilitation programs, community empowerment, and increasing legal
awareness.

Item Type: Article
Subjects: Artikel
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: fh perpus
Date Deposited: 19 Feb 2024 05:00
Last Modified: 19 Feb 2024 05:00
URI: https://repotest.untar.ac.id/id/eprint/42902

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