Dimensi Pemidanaan Dalam Perspektif Teori Utlitarianisme Hukum

Abstract

Restoration of the Indonesian criminal justice system is needed as it fails to recognize societal values. The country prioritizes a positivist approach, emphasizing legal certainty and justice but neglecting benefit aspects. Benefit manifestation should stem from judicial considerations during trials that prioritize fairness and certainty. To address this issue, connecting the Punishment Dimension with Legal Ultitarianism Perspective becomes imperative. The research was conducted through qualitative library study with documentation being gathered via scientific literature related to crime law in Indonesia. Analysis inductive approaches were used whereby specific statements led to general conclusions. Results showed prisons had become overpopulated due partly to increased rates of reoffending among criminals necessitating imprisonment facilities' use for guidance provision while avoiding overcrowding within these places meaning their continued existence had utility value under such circumstances; social work punishment penalties represented part restoration activities on behalf practitioner's commitment toward restorative practices (e.g., inducing feelings shame guilt) Finally, punishment philosophy based upon principle Utilitarianism holds actions providing maximum community advantages justified by supporting greater well-being most parties possible required consideration when making decisions regarding penalization policies at national level or local jurisdictions alike which aim towards enhancing harmony judiciary operations across entire territory! In the context of punishment, this means that punishment must be given with the aim of preventing future crimes, rehabilitating the perpetrator, and providing justice for the victim. Lastly, according to the Utilitarian view, punishment is very important to guarantee a sense of justice and peace for society. Therefore, punishment must be directed towards social interests and based on moral values in society. In conclusion, in realizing justice, correctional services cannot fully be a solution in imposing sentences. Therefore, there is a need for a new perspective on punishment that is in line with the utilitarianism perspective in law.