Legal Literacy - Learn the differences between the classical and modern schools of criminal law and their application in Indonesia. Discover the main objectives of criminal law and how criminal law can influence offender behavior.

Criminal law is one of the branches of law that aims to maintain the order of society. In criminal law, there are two main schools, namely classical and modern. While both aim to create a good society, there are fundamental differences between the two. This article will take an in-depth look at both in criminal law, as well as the differences between the two.

What is the Classical School of Criminal Law?

The classical school is the first to appear in the history of criminal law. This school developed in Europe in the 18th century, where it was based on the principles of the ancient Greeks and Romans. According to this school, the perpetrators of criminal offenses should be subjected to punishment commensurate with the crime committed. Appropriate punishment must be ensured through a fair trial.

Characteristics of the Classical School of Criminal Law

Some characteristics of this stream include:

  1. The criminal law system should be based on legal certainty, i.e. laws that are clear and consistently applied to all similar cases.
  2. Criminal offenses should be subject to punishment commensurate with the crime committed.
  3. The criminal law system must uphold human rights and principles of justice.
  4. Criminal punishment should be viewed as a means of upholding social values and maintaining the fabric of society.