Penerapan Teori Hukuman Jeremy Bentham dalam Kebijakan Pemidanaan di Indonesia

Abstract

Indonesia continues to experience renewal in its legal policy along with social developments and the need for social justice by adopting various theories from world philosophers. Jeremy Bentham, an English philosopher, is one of the influential people in the formation of criminal policy in the world. One of the theories most often associated with Jeremy Bentham is utilitarianism. This theory shows how important goal-oriented punishment is to utilize society in the best way. Which emphasizes that the purpose of punishment is to provide the greatest benefit to society, not merely as a form of retribution. Bentham's thinking supports the idea that punishment is not only intended to repay evil deeds but also to prevent crime and improve social welfare. The problem in this study is how Jeremy Bentham's principles of punishment can be applied in criminal policy in Indonesia and how effective the application of this theory is in preventing crime and improving social welfare. The aim is to analyze the influence of Jeremy Bentham's thinking on the direction of Indonesian criminal policy and to assess the implementation of utilitarian values ​​in criminal law practices in Indonesia. The research method used is normative with a qualitative approach, through literature studies and analysis. However, the implementation of these principles still faces obstacles, both in terms of legal structures and the culture of law enforcement which is not yet fully responsive to changes in the paradigm of justice.