Risto Samudra


The existence of laws and institutions has the essence of promoting justice in two ways. First,
to identify the moral values and moral system that has been settled in the structure of society.
Second is to establish a system of legal norms that indirectly form the system of justice itself.
The character of justice is essentially "unlawful", so the concept of justice itself is born from
the assumption that a moral value is not contrary to law, that is justice. Justice is part of a
crystallized moral, in orderly terms. Regularity in positive law, but it is not enough with only
positive law, it can also be seen from the principle in the basic norms in community life. Criminal
is the sorrow imposed by the state upon someone who commits a violation of the provisions of the
law. Criminal intentionally dropped to be perceived as sorrow. The size of a criminal penance that
someone deserves is an unresolved problem. New crimes are felt in real terms when they are
effectively implemented. Its objectives are not solely by the way of imposing a criminal but by
resorting to acts. Criminalization is a form that must be given by criminal law, because it has
disrupted social life. The ideal punishment becomes the center of attention of modern criminal law
The role of a criminal judge is crucial, especially to decide a case fairly. Therefore, the
criminal justice must have a lot of data about the actions and the perpetrators. Although the
judgment is often a problem, in the same case but have different decision. The circumstances
require a control point, which can provide useful help in punishing. The present judicial world has
accommodated the "progressive law," which in its application has created a new meaning, namely
"substantive justice," with its peculiarity based on court proceedings and facts, and this is a
legal breakthrough, in various criminal justice activities.
The purpose of the upcoming criminal law system is the law that organizes human actions. Through a
regulation which contains a unity, with essentially linking specific rules, to the moral order,
religion order, so that the renewal of the criminal law requires the research and thought of the
central, very fundamental and strategic problems, including the policy in establishing criminal
sanctions. The regulation of criminal law is a reflection of the ideology of a nation, which makes
the law grow, and it is of utmost importance, that the whole law building, rests on a healthy and
consistent political view. Implications Reform of criminal law, with the substitution, refinement
of material and formal punishments, is as a  step forward, the people of Indonesia, to achieve
justice of legal certainty and its usefulness. Therefore it is needed to immediately apply the new
formal and material criminal law as a container to improve the nature of the punishment of
dignified Indonesian society.
Keywords : Law, Criminal, Punishment, Judge and Justice.

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