| Issue |
SHS Web Conf.
Volume 54, 2018
The 1st International Conference on Law, Governance and Social Justice (ICoL GaS 2018)
|
|
|---|---|---|
| Article Number | 07001 | |
| Number of page(s) | 6 | |
| Section | Criminal Justice System | |
| DOI | https://doi.org/10.1051/shsconf/20185407001 | |
| Published online | 14 November 2018 | |
Legal Philosophy of Pancasila as The Paradigm of The Criminal Justice System: A Philosophical Criticism for the Loss of a Sense of Humanity
1
Faculty of Law, Pancasila University, Jakarta, Indonesia
2
Law Firm Adystia Sunggara & Associates, Pangkalpinang, Bangka, Indonesia
* Corresponding author: rocky.marbun08@gmail.com
Since 1981, marked by the enactment of law number 8 of 1981 on criminal procedure law, it has become a consensus to abandon the Cartesian paradigm embodied in the inquisitoire principle. The inquisitoire principle sees any person drawn into a criminal justice struggle as an object. The Criminal Procedure Code (CPC) through the philosophical foundation of Pancasila, commands to adopt the accusatoire principle, in honor of the withdrawn party as a person entirely. However, the KUHAP/CPC formers forget the institutional legal culture of the thrown (gowerfen-sein) criminal justice system in the myth of modernity that is the objectification of human being. So that the law enforcement officers (investigators, public prosecutors, judges) always ignore Pancasila as the philosophical foundation of thought in carrying out the law.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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