Reconstruction of the Purposes and Guidelines of Sentencing in Indonesian Sentencing System Based on the Perspective of Human Rights and Pancasila

Abstract

— Development in the field of law one of which is based on providing guarantees for the protection of human rights, which is mainly implemented based on the values that exist in Pancasila. Whereas in relation to the development and evolution of criminal law, one of the important issues that has often been debated, and the problem both in terms of normative order and practice is regarding the purposes and guidelines of sentencing, especially with regard to guaranteeing the protection of human rights for the subjects involved in it. Therefore, the authors are interested in reconstructing the purposes and guidelines of sentencing in the sentencing system in Indonesia based on the perspective of Pancasila, and then looking for the ideal form of conception of the purposes and guidelines of sentencing later. Based on the author's study it is known that the current purposes and guidelines of sentencing are not generally accommodated in the provisions of material law, formal law, and implementation rules. It causes criminal law enfocement in normative way losing its soul/spirit and “taste” while implementing its sentencing system, as well not fully provided real protection for the rights of the suspect / defendant / convicted, victim or the wider communit. Therefore, a reconstruction of the existence of the purposes and guidelines of sentencing in the Indonesian legal system is needed, by adjusting it to the development of sentencing theory, strengthening of human rights protection, and the main values of the Indonesian people which is contained in Pancasila. Whereas in formulating the purposes and ideal guidelines of sentencing, it must be based on the idea of balance which is obtained from the development of sentencing theory by adjusting it to the aspects of human rights protection, and characteristics of Pancasila as the main basis for the development. ─ Reconstruction, Purpose and Guidelines of Sentencing, Sentencing System, human rights, Pancasila .