Analisis Perbandingan Penghapusan Pidana Dalam Hukum Pidana Indonesia Dengan Penghapusan Pidana Dalam Hukum Pidana Inggris

Abstract

Neo-classic criminal law school is an improvement of the classic criminal law school which considered unfair since it done the punishing rigidly. Punishment abolition is a tool to actualize justice. England is a country whose law has been developing for a long time. Some legal concepts that are used by world countries were born in England. Considering these things, it’s worthy to compare the concept of punishment abolition in Indonesian Criminal Law System with the English Criminal Law System in the context of law development. This research will be done to find the answer of questions formulation in the form of 1) How is the comparation of Indonesian Legal System with English Legal System 2) How is the comparation of defence in Indonesian Criminal Law System with English Criminal Law System, and 3) How is the defence substances in English Criminal Law System that can be Transplanted to Indonesian Criminal Law System in the future. The Type of the research done is a normative law study, with collecting secondary data (library study). The approaches taken are conceptual, statute, history, and comparative approach. This research had successed in concluding that defence in Indonesian Criminal Law System and English Criminal Law System have some similarities and differences. Some of the defences in Indonesian Criminal Law System can be found in English Criminal Law System. But, Indonesian Criminal Law System don’t recognize defence in the form of automatism and intoxication. Defence in Indonesian Criminal Law System which according to the nature of the abolition consist of alasan pembenar and alasan pemaaf, defence in English Criminal Law System don’t have a rigid classification, some divided them as justification and excuse, there are also some that divided the defence as justification, excuse, and exemption. Authority to abolish the punishment in Indonesian Criminal Law System is on the Judge, meanwhile in English Criminal Law System is on the Jury. Regulation of the burden of proof of defence isn’t regulated specifically, while in the English Criminal Law System its regulated specifically and detailly. Defence in the form of justification, defence classification in the form of exemption, and the regulation of burden of proof can be transplanted into the Indonesian Criminal Law System.