THE URGENCY OF THE FORMATION OF IUS CONSTITUENDUM IN THE IMPOSITION OF SUSPENDED SENTENCE TO ESTABLISH THE PRINCIPLE OF LEGAL CERTAINTY IN INDONESIA CRIMINAL LAW SYSTEM

Abstract

In handling a case that comes to him, a judge is required to present the maximum sense of justice to the parties. Including in the context of criminal justice, both to the defendant and to the victim. Indonesia, through the Criminal Code (KUHP), provides flexibility to judges including the possibility to give conditional penalties to defendants, or what is often referred to as probation. The concept is that within a certain period of time determined by the judge, the convict has to meet both the general and special requirements set by the court. However, the problem that occurs is the absence of technical guidelines regarding the imposition of the general and special conditions, which are allegedly able to cause disparities in each decision. Therefore, through this paper that uses this normative juridical research method, the authors tried to examine the problems and ideas of forming technical regulations regarding conditional penalties as Ius Constituendum in order to realize legal certainty in the future.

Keywords

• ius constituendum
• legal certainty
• suspended sentence