Purposes and Guidelines of Sentencing as an Effort to Prevent Criminal Disparities

Abstract

In order to establish a national criminal law based on basic values and the realities of life in an Indonesian society, then the failure of a national penal code code that was enacted in act no. 1 year 2023 asa replacement for the penal code (WvS) that was not in accordance with the Indonesian way of life was devised. The national penal code is based on an idea of balance, so it's defined for purpose and guidelines that were not previously defined explicitly in the penal code (WvS). The formulation of goals and guidelines of idling is the renewal of criminal laws to achieve using a policy and value approach. The aim and guidelines for idling are the solution to the problem of criminal disparity in Indonesia because they are based on criminal flexibility andasa judge foundation in rendering a criminal. The method used in this study was normative-juridical, which was the study of literature on legal principles. The result of this study is that the purpose and guidelines of idling are set up in the national penal code to achieve the well-being and protection of society and the purpose and guidelines of idling asa prevention to disparity through the inducing of the judge to make the ruling more proportionate and easier for the judge to understand the reason why crime is so meted out.