Open AccessAspek Religius dalam Pembaharuan Hukum Pidana melalui Politik Hukum Nasional
Author(s) -
Brian Septiadi Daud,
Awaluddin Awaluddin
Publication year - 2021
Publication title -
journal of judicial review
Language(s) - English
Resource type - Journals
eISSN - 2774-5414
pISSN - 1907-6479
DOI - 10.37253/jjr.v23i1.4334
Subject(s) - formality , law , normative , politics , legal research , political science , positivism , sociology , economic justice , law enforcement , enforcement , indonesian , positive law , comparative law , black letter law , philosophy , private law , linguistics
The purpose of writing is to see about the Indonesian National Law System which is based on Pancasila, especially precepts I, and also to see the accommodation of religious aspects in carrying out Criminal Law Reform through National Law Politics. The research method used in this paper is normative juridical research. The results of research in creating a Pancasila-based legal system can be carried out by applying the juridical-religious principle (for the sake of justice based on divinity) not just a formality of decisions but a substantive / material justice. Then also the paradigm of legal thinking from positivistic to positistic-empirical, which is necessary to make genuine science and law enforcement more useful, including the use of a holistic approach by taking into account the conditions of society. And in carrying out a good reform of the National Criminal Law, it is better to look at religious-based aspects / values and create policies that are in accordance with society in general.