Criminal Justice System
In addition, in criminal law enforcement, the problem that always arises is related to the criminal justice system. The Criminal Procedure Code is intended as an instrument to protect society from arbitrary actions by law enforcement officials. The basic essence of its regulation is to limit state power, but in its implementation there are structural, cultural and substantial problems.
This is due to the various ambiguities in the formulation of the provisions in the Criminal Procedure Code, when compared with the principles that underlie and underlie the regulation of the problem. This creates problems in legal practice, especially the inability to applyequal treatmentto suspects and defendants of criminal acts, even though the concrete events are more or less the same but end up neglecting the collective right of all citizens not to be treated discriminatorily and the individual right of everyone to be guaranteed equal and fair treatment.With the ambiguity of the meaning of the formulation of the provisions in the Criminal Procedure Code, it will lead to arbitrary actions by law enforcement officials in criminal law enforcement.
Even though the existence of law and its institutions has the essence to promote justice by identifying moral values and moral systems that have settled in the structure of society. In addition, by forming a system of legal norms in the Criminal Procedure Code, it is intended to create justice itself.
The concept of justice is born from the assumption that a moral value does not conflict with the law. Justice is part of morality that has crystallized, in the rules of positive legal order, and basic norms in social life.
The use of criminal law is considered as a means of achieving true justice, even though criminal law is a form of criminal path that is not usedbeyond reasonable doubtthen what happens is notreasonable justicebutreasonable unjustice.
Justice can be achieved by forming a modern and responsive legal structure. Legal institutions must be flexible, therefore changes to the legal structure are easier, compared to changing the substance of the law, especially criminal law.Criminal justice can be interpreted as a process that works within several law enforcement agencies. Criminal law enforcement is a series of activities as a form of operationalization of restoring individual, social and community welfare balance, from violations of criminal law rules.
Meanwhile, the criminal justice system or (
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