Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Humanistic Criminal Law Enforcement to Achieve Spiritual Justice

Author(s): Maroni, Nenny Dwi Ariani

The religious nation of Indonesia is rooted in the ideology of Pancasila, in which craves the existence of Spiritual Justice as an application of the values of Belief in the One Supreme God. Therefore, it is necessary to enforce humanistic criminal law through the establishment of criminal legislation that contains values and principles of humanity and ideology of Pancasila that is religious, humanitarian and society-friendly. In addition it is also required the maximum performance of law enforcement officials in handling each case by ‘picks up the ball’ and ‘wholeheartedly’. Supremacy of law is not interpreted as Supremacy of the Law, yet rather Supremacy of Justice. The view of law enforcers like this is very important considering that if criminal law enforcement is done indiscriminately and cursively, then the provisions of the criminal law will be lost as prime guarantor and will even become the prime threatened. The existence of such conditions is expected to compel law enforcement such as choosy, cringe and ‘physical and non-physical torture’ as it has happened in the past. It is expectedly not happens in the future anymore, so spiritual justice can be realized.