Function of law
Vos contends that the purpose of criminal law is to combat deviant behavior. According to Hart, the purpose of criminal law is to uphold order and public morality, protect citizens from what is deemed immoral or harmful, and offer protection against being exploited by others, particularly for those who are weak due to their youth, physical infirmity, mental incapacity, or lack of experience. (Eddy O.S Hiariej, 2016: 34).
Hiariej divides the purposes of criminal law into two categories: general purposes and particular purposes. The basic goal of criminal law is to uphold the rule of law. Additionally to safeguarding legal interests, the unique purpose of criminal law also gives the state legitimacy to perform the duty of safeguarding legal interests. With regard to the unique purposes of criminal law, which include protecting not only the rights of people but also the interests of the society and the state. (Eddy O.S Hiariej, 2016: 35).
Criminal law serves two purposes. The primary purpose is to prevent crimes rationally (as part of criminal politics), and the secondary purpose is to regulate social control, whether it be created by the state or carried out spontaneously. The job of criminal law is to police the police in this second duty, protecting citizens from intrusion by the state and its potential misuse of crime as a tool. (Erdianto, 2014: 36).
What the Criminal Law Is For
According to Erdianto, the goal of criminal law is to safeguard the interests of people or human rights as well as the interests of the community and the state in a way that strikes a harmonious balance between the two. This is done by protecting both from crimes and dishonorable acts as well as from the arbitrary actions of authorities. Criminal law thus safeguards not only the individual but also the state, society, and private property. (Erdianto, 2014: 33).
In the meantime, Wirjono Prodjodikoro asserts that the goals of criminal law are as follows:
either to fear a large number of people or to frighten specific people who have committed crimes not to commit them again.
to transform those who have shown a propensity for evil into morally upright individuals who will benefit society as a whole. (Erdianto, 2014: 35).
Remelink contends that the goal of criminal law is to safeguard the judicial system and the legal community. (Erdianto, 2014: 35).
Objectives of classical and contemporary criminal law
Classical criminal law's objectives
The three pillars of traditional criminal law flow support it. The first is the legality principle, which holds that no crime, no criminal act, and no prosecution are possible in the absence of the law.
The second is the notion of culpability, which holds that only crimes done wilfully or unintentionally are punishable by law.
The third and last concept of retribution is the secular principle, which states that concrete penalties should be meted out in proportion to the gravity of the offense rather than with the goal of producing a positive outcome. (Eddy O.S Hiariej, 2016: 29).
The Goals of Current Criminal Law
The current flow of criminal law seeks to safeguard society against crime, as opposed to the classical flow, which tries to defend individual interests from arbitrariness.
The protection of society is the highest law, according to the postulate le salut dupeopleestlasupremeloi, which is supported by this objective. Modern schools are also known as "positive schools" because they use natural scientific approaches to investigate the causes of crime with the goal of positively influencing criminals to the extent that this is possible.
The modern school demands criminal legislation that is directed towards the perpetrator, or dader-strafrecht, in contrast to the classical school's requirement for criminal law for acts, or daad-strafrecht. Three points form the basis of how criminal law is currently applied. combating crime is first. Second, take note of related fields of study. Third, final remedy. (Eddy O.S Hiariej, 2016: 31).
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