Summary:Dean_Winchester
According to some sources and opinions of legal experts, we can conclude some principles that underlie the criminal justice system, among other things:
One. Principle of Legality (Legality principle); a principle which states that an act (criminal) can only be punished if before it was committed, there has been undang-undang/peraturan other written law which prohibits such acts done and threatened her also with crime or the punishment of the perpetrators . This principle is also known as the principle of nulla Poena Nullum Delictum Sine Lege Praevia Poenali.
2. Presumption of innocence (presumption of innocent), meaning that every person already indicted, arrested, detained, prosecuted and / or exposed in front of the court, shall be presumed innocent until a court decision stating his mistake and obtained permanent legal force.
3. The principle of equality before the law (equality before the law); This principle guarantees that everyone is treated equally before the law without distinction of color, race, religion, social status and gender.
Furthermore, will the authors point out also that in the implementation of the judicial process in Indonesia, also known as the principle of justice simple, speedy, and inexpensive, with descriptions as follows:
One. Simple can be understood as a process that is not long-winded, convoluted no winding no, not complicated, it is clear, straightforward, not interpretable, easily understood, easily implemented, easily applied, systematic, concrete both in the corner of seeking justice, as well as from the standpoint of law enforcement officials who have very different levels of qualifications, both in the field owned educational potential, socio-economic conditions, cultural and others.
2. Hurry, must be understood as a strategic effort to make the justice system as an institution that can guarantee the realization of / achievement of justice in law enforcement rapidly, both in results and in the evaluation of performance and productivity levels of the judicial institutions (police, judiciary, courts, correctional institutions, Advocate ). The speed of the process, results and evaluation are using the size parameters of the principles of correct and accurate. That is, right in the application of statutory provisions that are used as the basis of juridical (not in conflict with general legal principles that apply universally, such as derogate lex lex specialist generalist, etc.), right in selecting and sorting articles used, precise in determining the sociological framework (ensuring a sense of community justice, restoring and maintaining the social balance, has the benefit). Likewise, law enforcement actions should be careful, in the sense of containing elements of prudence, accuracy, sincerity, in the process, results and evaluation.
3. Cheap implies that seeking justice through the judiciary is simply not going to guarantee people have expectations of justice in it, but it should be no guarantee that justice is not expensive, can not be dimaterialisasikan justice, justice has an independent nature and free of other values that can obscure the value justice itself, justice can not be resold, justice is not a commodity, justice is not a utopian pessimism with a million words, justice can not be quantified in any form or type whatsoever, justice is a basic requirement for human beings who live in the world are universal.
Principle of Criminal Justice Originally published in Shvoong: http://www.shvoong.com/law-and-politics/law/2031280-principle-criminal-justice/
According to some sources and opinions of legal experts, we can conclude some principles that underlie the criminal justice system, among other things:
One. Principle of Legality (Legality principle); a principle which states that an act (criminal) can only be punished if before it was committed, there has been undang-undang/peraturan other written law which prohibits such acts done and threatened her also with crime or the punishment of the perpetrators . This principle is also known as the principle of nulla Poena Nullum Delictum Sine Lege Praevia Poenali.
2. Presumption of innocence (presumption of innocent), meaning that every person already indicted, arrested, detained, prosecuted and / or exposed in front of the court, shall be presumed innocent until a court decision stating his mistake and obtained permanent legal force.
3. The principle of equality before the law (equality before the law); This principle guarantees that everyone is treated equally before the law without distinction of color, race, religion, social status and gender.
Furthermore, will the authors point out also that in the implementation of the judicial process in Indonesia, also known as the principle of justice simple, speedy, and inexpensive, with descriptions as follows:
One. Simple can be understood as a process that is not long-winded, convoluted no winding no, not complicated, it is clear, straightforward, not interpretable, easily understood, easily implemented, easily applied, systematic, concrete both in the corner of seeking justice, as well as from the standpoint of law enforcement officials who have very different levels of qualifications, both in the field owned educational potential, socio-economic conditions, cultural and others.
2. Hurry, must be understood as a strategic effort to make the justice system as an institution that can guarantee the realization of / achievement of justice in law enforcement rapidly, both in results and in the evaluation of performance and productivity levels of the judicial institutions (police, judiciary, courts, correctional institutions, Advocate ). The speed of the process, results and evaluation are using the size parameters of the principles of correct and accurate. That is, right in the application of statutory provisions that are used as the basis of juridical (not in conflict with general legal principles that apply universally, such as derogate lex lex specialist generalist, etc.), right in selecting and sorting articles used, precise in determining the sociological framework (ensuring a sense of community justice, restoring and maintaining the social balance, has the benefit). Likewise, law enforcement actions should be careful, in the sense of containing elements of prudence, accuracy, sincerity, in the process, results and evaluation.
3. Cheap implies that seeking justice through the judiciary is simply not going to guarantee people have expectations of justice in it, but it should be no guarantee that justice is not expensive, can not be dimaterialisasikan justice, justice has an independent nature and free of other values that can obscure the value justice itself, justice can not be resold, justice is not a commodity, justice is not a utopian pessimism with a million words, justice can not be quantified in any form or type whatsoever, justice is a basic requirement for human beings who live in the world are universal.
Principle of Criminal Justice Originally published in Shvoong: http://www.shvoong.com/law-and-politics/law/2031280-principle-criminal-justice/
