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