The Enforcement of Legal Administration in Perspective of Indonesian Criminal Law

摘要

The aim of this research is to analytic why the criminal action of legal administration is easily committed by the governmental officials, describing the responsibility of legal administration in the perspective of Indonesian criminal law and analytics the model of legal administration enforcement based on the principal of Pancasila and the State of the Basic Constitution of the Republic of Indonesia 1945 which is based on the progressive justice in Indonesia. This research is running with the socio-legal approach or normative and nomological (non-doctrinal) approach. Normatively, this research analytics the application of the State of the Basic Constitution of the Republic of Indonesia 1945, the Indonesian Penal Code, Indonesian Criminal Justice System, any constitutions and the rules of Indonesian Regulations which is dealing with the legal criminal of administrations in Indonesia. Nomologically, this research analytics about the policy of governmental officials, the structure of social society in the enforcement of legal criminal administration in Indonesia of which pluralism society. The result of this research has shown-up: 1.Many of the governmental actions in running the governmental function has the contrarily of any legal principles, such as: equality before the law, equality before the justice, and the supreme legal principals which are living in Indonesian society, 2.The giving sanctions against the legal officials, the governmental officials who have broken the criminal legal administrations are not effectively, do not mirror the value justice in legal progressive of Indonesia. 3. The trial model of Indonesian legal administration is tendentiously positivistic of which type of politics determines law, most of the guilty and actions of the governmental officials in administrations belong to the negligence of the governmental officials by the argument on a negligence of the government officials in running the task of the government. The trial model of this criminal legal administration has been obviously does not mirror the value justice in the progressive law which has been based on the Principal of Pancasila and the State of the Basic Constitution of the Republic of Indonesia.