Legal Literacy - Criminal law is one of the main pillars in maintaining social order. However, behind the articles and sanctions, there is a fundamental philosophical question: What is the real purpose of punishment? Is it to provide appropriate retribution, or to rehabilitate the perpetrator and prevent future crimes? The answer to this question becomes a dividing line between two major schools of thought in criminal law: the Classical School and the Modern School.

Understanding the difference between the two is not just a matter of theory, but also the key to reading the direction and face of a country's criminal law. This article will thoroughly examine the two schools, from their philosophical foundations to their manifestations in the new Indonesian Criminal Code (KUHP).

Classical School: Focus on Actions and Retribution (Daadstrafrecht)

The Classical School was born from the Age of Enlightenment (Aufklärung) in the 18th century as a reaction to the arbitrary, cruel, and uncertain legal system of the monarchy.

  • Philosophical Basis: This school is rooted in the idea of a social contract and indeterminism, the view that humans are rational beings who have free will (free will) to choose between doing good or evil. Crime, therefore, is the result of a conscious choice.
  • Key Figures: Cesare Beccaria, through his monumental work, Dei Delitti e Delle Pene (On Crimes and Punishments), became the founder of this school. He fought for the principle of legality, proportionality of punishment, and rejected cruel punishments.
  • Main Focus: Because everyone is considered to have the same free will, the focus of criminal law should be on the act (daad), not on the perpetrator. This is known as Daadstrafrecht.
  • Purpose of Sentencing: The main purpose is retributive, where punishment is an absolute consequence in return for the perpetrator's actions. In addition, punishment also aims for general deterrence(general deterrence