Criminal Law Theory

In the penalty is a general term for all manner of doubt whether civil, administrative, disciplinary and criminal. According to the Dutch language to describe terms and criminal penalties are strafe, while in Indonesia stray manpower double meaning of the term must be separated and terms of criminal punishment, the criminal is the term itself is related to criminal law.
Criminal itself in Indonesia is a characteristic that distinguishes the civil law and the penalty is a sanction or consequence for the violator of criminal or civil law. Criminal purpose is not to be achieved by the imposition of criminal, but a strong repressive efforts of the security measures. In terms of criminal and action (madrigal) must be distinguished.


Group theory of criminal

There are three main groups theory to justify the imposition of criminal :

1. Relative Theory or destination

This theory is the basis for seeking criminal law in the conduct of orderly society and consequently, is to prevent the occurrence of this crime.Criminal usually make someone afraid, repair or destroy. The oldest form of general prevention is practiced until the French revolution, is usually done by scaring people with a criminal street exhibited implementation, implementation sometimes criminal who has not exhibited in public was very violent in order that members of the public horror that eventually saw him appear as Latin adogium ( neon prudence punt,quid piquant, seed net persecute ) so crowded Clark really afraid to commit crimes, it is necessary to predatory criminal and implementation in public.

2. Absolute theory or the theory of retaliation :

This theory emerged in the late 18year century embraced among others by Immanuel Kant, Hegel, Herbart, scholars who based his theory on the philosophy of the Catholic and Islamic legal scholars who based his theory on the teachings of the holy book. Absolute theory says that crime is not aimed at the practical, like fixing a criminal. The crime itself that contains element - element for dropped criminal, absolutely criminal that there is a crime. No need to think about the benefits convict because every crime should result in a violation of criminal imposed.
Therefore, this theory called the theory of absolute because a criminal is an absolute demand not only something to be dropped, but becomes necessary, the nature of a penalty is vengeance.


3. Composite theory :

The theory of retribution and the combination of prevention also vary, there is focused on revenge, others want the element of revenge and balanced prevents :

a. Focused on the elements shared among other reprisals by Pompey

Pompey says people should not close their eyes on revenge. It can be distinguished from criminal other witnesses but no cirri-character, can not be diminished still means that crime is a witness and thus tied to the goals that witnesses. And because it will only apply if the beneficial fulfillment of the rules and useful for the common.
Van Bemoan any combination of the theory by saying: criminal purpose reply to errors and safeguard the community, acts intended to secure and maintain a criminal objectives and actions aimed at preparing them to return the inmates into community life.
Grotius developed a theory that emphasizes a combination of absolute justice is embodied in retaliation, but useful for society. Basis of each criminal is suffering a weight according to the severity of acts committed by the convict, but to what extent weight and the weight of the criminal acts committed by the convict can be measured, determined by what is useful to society.
The theory found by Grotius followed by Rossy and Zevenbergen said that the meaning of each crime was revenge, but the purpose of each of criminal law is to protect the administration. Criminal restore respect for law and government.

b. The theory of joint defense focused public order.

This theory should not be heavier than it generated. And the point is not greater than the supposed.

Criminal retaliatory because he was only imposed on the offense - the offense, the act which is voluntary. Revenge is the nature of a criminal but not a destination. Criminal purpose is to protect the public welfare. In the design of the national Criminal Code have been arranged on the purpose of the imposition of criminal :

1. Done to prevent crime by enforcing legal norms for the protection of society.
2. Corrections to convict and thus a good and useful.
3. Resolve conflicts arising if the criminal act to restore balance and bring peace in society.
4. Guilt free to convict.