REFORMASI SISTEM PEMIDANAAN INDONESIA YANG BERKEARIFAN LOKAL DALAM MEWUJUDKAN KEADILAN

Abstract

Indonesia the sentecing system reformation which such part from reformation to Indonesia criminal law system and reformation agenda within legal sector and Act, especially criminal law, remind that prevailing Indonesia the sentecing system recently most of them still used Dutch regulation that not accordance to Indonesian people, who have local wisdom and Pancasila as National Wisdom. Problem from this dissertation include of : i) How local wisdom existence within Indonesia the sentecing system recently. ii) Why Indonesia the sentecing system need to reform. iii) How reformation of Indonesia the sentecing system by local wisdom the sentecing system to create the justice. This research method used non-doctrinal legal research tradition or socio-legal tradition. Research location carried out on Lampung Province. Qualitative research type, whereas data include of both primary and secondary data. This research used the sentecing system theory, local wisdom and justice theory. Research result showed that Indonesia the sentecing system exist recently need to reform by using local wisdom as National wisdom that describe Pancasila values as national base, that local wisdom need to formulated within the sentecing policy especially which include within materiil/substantive criminal law consist of criminal action, criminal responsibility and criminal sanction as a tool to created the justice. The sentecing system reformation based on local wisdom in created the justice studied from substantive the sentecing system site which include local wisdom as the reason could punished such deed, local wisdom as basic criminal responsibility and criminal sanction based on local wisdom, and local wisdom as a too to created the justice. Whereas implication of this writing, paradigmatically in order that within substantive the sentecing system, give opportunity or room for local wisdom. Theoretically was including local wisdom within the sentecing system especially to public definition of criminal law which include within Book of I KUHP. Practically acknowledged and applied formal legality principle and materiil by applied against characteristic learning of materiil lawboth within positive and negative functions. Keywords: Reformation, The sentecing System, Local Wisdom and Justice