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Classical School and Modern School of Criminal Law

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Classical School and Modern School of Criminal Law

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Classical School and Modern School of Criminal Law
Picture Illustration by Editor / Source: DALLE
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Legal Literacy – Learn the differences between the classical and modern schools of criminal law and their application in Indonesia. Discover the main objectives of criminal law and how criminal law can influence offender behavior.

Criminal law is one of the branches of law that aims to maintain the order of society. In criminal law, there are two main schools, namely classical and modern. While both aim to create a good society, there are fundamental differences between the two. This article will take an in-depth look at both in criminal law, as well as the differences between the two.

What is the Classical School of Criminal Law?

The classical school is the first to appear in the history of criminal law. This school developed in Europe in the 18th century, where it was based on the principles of the ancient Greeks and Romans. According to this school, the perpetrators of criminal offenses should be subjected to punishment commensurate with the crime committed. Appropriate punishment must be ensured through a fair trial.

Characteristics of the Classical School of Criminal Law

Some characteristics of this stream include:

  1. The criminal law system should be based on legal certainty, i.e. laws that are clear and consistently applied to all similar cases.
  2. Criminal offenses should be subject to punishment commensurate with the crime committed.
  3. The criminal law system must uphold human rights and principles of justice.
  4. Criminal punishment should be viewed as a means of upholding social values and maintaining the fabric of society.

What is the Modern School of Criminal Law?

The modern school of criminal law developed in the early 20th century. This school of thought is different from the classical school. The modern school prioritizes humanist thinking and focuses more on improving the behavior of criminal offenders. According to the modern school, the purpose of criminal law is not only to punish offenders, but also to correct the behavior of these offenders so that they do not commit criminal acts in the future.

Characteristics of the Modern School of Criminal Law

Some characteristics of the modern school of criminal law include:

  1. The main purpose of criminal law is to prevent criminal acts and correct the behavior of criminal offenders.
  2. Punishment should be tailored to the level of the crime committed, but should also take into account certain factors such as the age, health condition, and social background of the offender.
  3. The criminal law system must provide opportunities for rehabilitation and reintegration of offenders into society.
  4. The criminal law system must take into account human rights and uphold the principles of justice.

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

Aliran klasik hukum pidana menempatkan tujuan utama hukum pidana adalah untuk menghukum pelaku tindak pidana, sedangkan aliran modern lebih menekankan pada upaya memperbaiki perilaku pelaku tindak pidana.

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.

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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.

What are the differences between the classical and modern schools of criminal law?

The main differences between the two are the main objectives of criminal law, the handling of offenders, the courts, and the treatment of offenders.

What is the application of the classical and modern schools of criminal law in Indonesia?

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.

How is the application of classical and modern schools of criminal law in handling crime cases in Indonesia?

The application of the classical and modern schools of criminal law in handling crime cases in Indonesia can be seen from the crime cases handled, where the application of the classical school is still seen in handling more serious crime cases, while the modern school is more applied in handling less serious crime cases.

That is the explanation of the Classical and Modern School of Criminal Law.

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