Eksistensi Penerapan Ultimum Remedium dalam Sistem Hukum Pidana Indonesia

Abstract

Criminal Law in Indonesia which was ideally applied as the ultimate last weapon (ultimum remedium) in dealing with violations, has now shifted to become the main weapon (primum remedium). This is inseparable from the criminal law policy which is still oriented as a form of retaliation and punishment so that it prioritizes penal policies with a focus on imposing sanctions in the form of deprivation of liberty. Criminal law has always been used as the main weapon in solving various kinds of violations. This has led to a condition of over-criminalization which has created new problems at the applicative level. Reforming criminal law is considered very urgent to be carried out by accommodating a restorative justice approach in order to re-place criminal law as an ultimum remedium. First, the application of decriminalization policies in various laws and regulations in Indonesia. Second, the reorientation of the criminal procedural law system which gives the possibility of a criminal case settlement process out of court (afdoening buiten process). Keyword: Criminal Law; Restorative Justice; Ultimum Remedium.