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:
- The criminal law system should be based on legal certainty, i.e. laws that are clear and consistently applied to all similar cases.
- Criminal offenses should be subject to punishment commensurate with the crime committed.
- The criminal law system must uphold human rights and principles of justice.
- 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:
- The main purpose of criminal law is to prevent criminal acts and to correct the behavior of criminal offenders.
- 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.
- The criminal law system must provide opportunities for the rehabilitation and reintegration of offenders into society.
- The criminal law system must take into account human rights and uphold the principles of justice.
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