International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

Creating Legal Certainty and Justice in Avoiding Legal Paradox in Criminal Law Enforcement in Indonesia

This work is aimed at formulating strategy in avoiding legal paradoxes in criminal law enforcement in order to create justice-based legal certainty as constitutional goals in legal enforcement. Constitutionally, this goal is stipulated in Indonesia Constitution 1945, article 28. Therefore, all efforts should be dedicated to manifest the justice-based legal certainty. In detail, this work elaborate and discuss several factors that causes the legal paradoxes in criminal law enforcement, such as gap or discrepancy between theory, norms and practices, either at legal interpretation or legal implemantation. More detail, the paradoxes has been deteriorate by incoherence of legal enforcement at all levels, such as investigation, examination, decision making, and execution level. Avoiding the legal paradoxes is increasingly crucial in the light of these legal paradoxes in criminal law enforcement as caused legal uncertainty. Therefore in creating legal certainty, the government should consider several aspects by improving : (i) legal enforcement system; (ii) legal infrastructure; (iii) legal awareness of society; (iv) legal education; (v) religion awareness and political commitment government in strengthening legal enforcement system.

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