Application of The Concept of Justice in the Perspective of Pancasila State Law

Abstract

This research is an empirical normative juridical research using a statute approach. This research is carried out by examining all laws related to the legal issue being studied. This research focuses on research that views law as a complete system that includes a set of legal principles, legal norms, and legal rules (written or unwritten). From the research, it was found that the application of the concept of justice in criminal law enforcement has not been implemented perfectly due to differences in the interpretation of the rule of law in its implementation and is influenced by the legal system adopted in Indonesia. Indonesia adheres to the Continental European legal system which does not recognize precedent decisions. Meanwhile, the embodiment of law enforcement when viewed from the perspective of the state of Pancasila law has not been fully implemented in the implementation in the field. This is a matter of debate among jurists. The law does not only refer to the principle of legality but also to the benefits of a sense of justice in the order of people's lives.