DEVELOPMENT OF PERSPECTIVE CRIMINAL LAW INDONESIAN NOBLE VALUES

Abstract

The existence of criminal law is to protect and maintain central values in
society. As an independent nation, the applicable criminal law should be in accordance
with the noble values that live and develop in Indonesian society. KUHP (WvS) is a
product of western colonial law, of course it carries the spirit of colonialism,
individalism, and liberalism that is not in accordance with the noble values of an
independent Indonesian nation. The development of Indonesian criminal law must be
based on Indonesian philosophy, spirit, and values, in terms of ideology (Pancasila),
religious/religious, social, political, economic, and cultural aspects that live and
develop in society (customary law). Nor should it ignore international developments,
because the Indonesian state is part of a civilized international community. Colonial
inheritance criminal law that adheres to the teachings of positivist legal law, must be
integrated with the teaching of legal historism which is a legal understanding that is
considered appropriate and adhered to by the people of Indonesia, so that in Indonesia
there is an unwritten criminal law (customary criminal law).