Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

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Reorientation of the Indonesian Penal System Based on the Philosophy of Pancasila

Authors
Alda Dewi Alawiyah1, *, Teddy Lesmana1
1Law Study Program, Nusa Putra University, Sukabumi, West Java, Indonesia
*Corresponding author. Email: alda.dewi_hk19@nusaputra.ac.id
Corresponding Author
Alda Dewi Alawiyah
Available Online 30 August 2024.
DOI
10.2991/978-2-38476-279-8_30How to use a DOI?
Keywords
Sentence Reorientation; Pancasila Philosophy
Abstract

The imposition of suffering or criminal sanctions has been a longstanding practice considered painful by any society. Given the facts of criminal law, society cannot function without the intervention of criminal law. Sentencing is not a pleasant experience for the convicted individual and incurs substantial costs, including court proceedings, prisons, parole, consultation centers, and fines. According to utilitarian theory, punishment is a necessary evil that can only be justified if it prevents greater harm than it inflicts on the perpetrator. The evolving sense of justice in sentencing has led to various sentencing objectives that have developed over time, moving towards a more rational approach. Starting with the theory of retribution, which aims to satisfy all parties, the concept of criminal law retaliation is primitive but continues to influence modern practices due to its deep-rooted nature. Unlike other branches of law, the objective here is seen as ancient, focusing on expiation or retribution. Criminal suffering is viewed as penance for the perpetrator’s sins, restoring balance within the individual, and is considered a fundamental requirement of our moral nature. By the end of the eighteenth century, criminal law practice was still influenced by the idea of retribution, combined with the aim of deterrence. Since classical times, the purpose of punishment has been a subject of debate. Simons, following Immanuel Kant’s perspective, posits that unlawful acts warrant retribution. Similarly, Hegel argues that breaking the law is an inhuman act that deserves punishment.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 August 2024
ISBN
978-2-38476-279-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-279-8_30How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Alda Dewi Alawiyah
AU  - Teddy Lesmana
PY  - 2024
DA  - 2024/08/30
TI  - Reorientation of the Indonesian Penal System Based on the Philosophy of Pancasila
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 265
EP  - 270
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_30
DO  - 10.2991/978-2-38476-279-8_30
ID  - Alawiyah2024
ER  -