Pembaharuan Hukum Pidana dalam Kerangka Hukum yang Berkeadilan Berdasarkan Kultur Hukum Indonesia

Law enforcement process relying on legal assurance then narrowed down to regulation assurance will result in the destruction on the justice in society. In fact, the application of law, in its process, vows to be based on the maxim of ‘for the divine justice'. However, since the criminal law currently applied is still the colonial legacy with the cover and face of Indonesia, ‘the divine justice' is still merely a slogan. The criminal law, therefore, that is expected to be the means to prevent or eradicate crimes is difficult to be applied optimally. Therefore, a breakthrough in the field of criminal law rooted from the Indonesian culture is needed. The criminal law as this renewal is expected to be able to erase the disparity in the punishment, by giving the aim of the punishment and guidance for the judge as well as to apply the modified punishment system as the characteristic of modern criminal law. Consequently, the law applied and enforced will create social justice for all Indonesian based on divine justice. This particular justice is the one that should be prioritized by the law enforcement agent and not merely a legal assurance.Keywords: Reform, justice, assurance, law, society