Initiating a National Criminal Law Profile in the Future in Indonesia

Abstract

The Indonesian nation does not yet have its product national criminal system. The current national criminal law system is the legal system left by the Dutch colonialists. The national criminal law system must be built based on the ideals of the nation contained in the Preamble to the 1945 Constitution. The research aims to formulate a future profile of national criminal law in Indonesia. This research uses a philosophical approach, which is to analyze the ideal law in the future. Data were analyzed qualitatively. The results of this study indicate the existence of criminal law in society as crime prevention through criminal law laws. Criminal law has a repressive and preventive function. Criminal law is part of the overall law that applies in a country in implementing criminal provisions. The Indonesian nation needs its own national criminal law system. The national criminal law is a criminal law based on Pancasila and the 1945 Constitution which applies nationally in Indonesia. Having its national criminal law for the Indonesian people is an effort to reveal national identity by the hopes and ideals of the independence of the Indonesian nation. The national criminal law profile ideally is the ideal of Pancasila law which is the perspective of the Indonesian people and places the bonds of togetherness and kinship ties as the core of the social life of the Indonesian people. The national criminal law system must be oriented to three pillars, namely: oriented to the values of “God”; oriented to the values of “Humanity”; and oriented to “Society” values.