Initiating of the Principle of Harmony in Criminal Law at the Community Relating to the Culture of Punitive Action based on the Perspective of Pancasila Law Philosophy

Asmak ul Hosnah

Abstract

The culture of punishment in Indonesia is not only fertilized by law enforcers (Advocates-Investigators-Prosecutors), but also in line with the culture of reporting criminally, even to minor cases. The logical consequence of the adoption of the civil law system by Indonesia through the principle of concordance does bring up a positivistic-linier-mechanistic-closed mindset. However, the surprising thing is that the Dutch who are always blamed as the culprit of the nature of the criminal law, actually show remarkable legal achievements. At the moment, all the Penal Institution and House of Detention in Indonesia are overcapacity, in contrast to what is happening in the Netherlands. Where since 2004 until now has closed as many as 24 (twenty four) prisons. This is certainly quite surprising when compared between the Dutch who glorify the principle of individualism with Indonesia that has a principle of kinship.

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Paper Citation


in Harvard Style

Hosnah A. (2017). Initiating of the Principle of Harmony in Criminal Law at the Community Relating to the Culture of Punitive Action based on the Perspective of Pancasila Law Philosophy.In 2nd Asian Education Symposium - Volume 1: AES, ISBN 978-989-758-331-5, pages 284-287. DOI: 10.5220/0007302802840287


in Bibtex Style

@conference{aes17,
author={Asmak ul Hosnah},
title={Initiating of the Principle of Harmony in Criminal Law at the Community Relating to the Culture of Punitive Action based on the Perspective of Pancasila Law Philosophy},
booktitle={2nd Asian Education Symposium - Volume 1: AES,},
year={2017},
pages={284-287},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0007302802840287},
isbn={978-989-758-331-5},
}


in EndNote Style

TY - CONF

JO - 2nd Asian Education Symposium - Volume 1: AES,
TI - Initiating of the Principle of Harmony in Criminal Law at the Community Relating to the Culture of Punitive Action based on the Perspective of Pancasila Law Philosophy
SN - 978-989-758-331-5
AU - Hosnah A.
PY - 2017
SP - 284
EP - 287
DO - 10.5220/0007302802840287