Classical School and Modern School of Criminal Law

Differences between the two schools of criminal law

Although both aim to create a good society, there are fundamental differences between the classical and modern schools of criminal law. Some of the differences between the two are as follows:

1. The main purpose of criminal law

Classical school criminal law places the main objective of criminal law as punishing criminal offenders, while the modern school places more emphasis on efforts to improve the behavior of criminal offenders.

2. Handling of criminal offenders

The classical school focuses more on handling criminal offenders in a punitive manner, namely providing punishment commensurate with the crime committed. The modern school emphasizes rehabilitation and reintegration of offenders into society.

3. Court

The classical school emphasizes legal certainty and fair trial, while the modern school emphasizes the use of alternative out-of-court sanctions, such as rehabilitation and counseling programs.

4. Treatment of offenders

The classical school emphasizes the equal treatment of all offenders, while the modern school considers factors such as the age, health condition, and social background of the offender in sentencing.

Application of the Two Schools of Criminal Law in Indonesia

Indonesia has applied the classical school of criminal law since the Dutch colonial period, where the punishment given to criminal offenders is more punitive in nature. However, along with the times, Indonesia began to adopt the modern school of criminal law by paying more attention to the rehabilitation and reintegration of criminal offenders into society.

The application of both schools of criminal law in Indonesia can be seen from the handling of criminal cases. For example, in handling drug cases, the application of the modern school prioritizes rehabilitation and reintegration of offenders into society. On the other hand, the application of the classical school is still seen in the handling of more serious crimes such as murder, rape and terrorism, where the punishment given is still punitive.

Conclusion

In criminal law, there are two main schools, namely the classical school which emphasizes punitive and fair trial and the modern school and modern school which emphasizes rehabilitation and reintegration of offenders into society.

In Indonesia, although since the Dutch colonial period the criminal law applied was more directed towards the classical school, but along with the times, the application of the modern flow of criminal law is also increasingly being considered. In its application, the classical school is still seen in handling more serious crimes, while the modern school is mostly applied in handling less serious crimes.

FAQ

What is the classical school of criminal law?

The classical school of criminal law is a school that places the main purpose of criminal law is to punish criminal offenders.

What is the modern school of criminal law?

The modern school of criminal law is a school that emphasizes efforts to improve the behavior of criminal offenders through rehabilitation and reintegration into society.