Criminal Law Reform: Balancing Justice and Legal Certainty in the Development of Criminal Justice

Abstract

Criminal law reform has become increasingly important as existing criminal justice systems face challenges in responding to changing social conditions, evolving conceptions of justice, and the need for legal certainty. However, criminal law frameworks are not always sufficiently responsive to contemporary developments, particularly in terms of legal substance, institutional structures, and legal culture. This study aimed to analyze the urgency of criminal law reform from the perspectives of justice and legal certainty and to identify an ideal direction for criminal law development. The study employed a normative juridical research design using statutory and conceptual approaches. Legal materials were examined through qualitative legal analysis to assess the consistency, adequacy, and relevance of existing criminal law provisions in addressing contemporary legal and social challenges. The findings showed that criminal law reform was necessary to establish an appropriate balance between substantive justice and legal certainty. The reform should not be limited to revising legal regulations but should also encompass improvements in law enforcement institutions and the development of legal awareness within society. These findings indicate that effective criminal law reform requires an integrated approach that aligns legal norms, institutional capacity, and societal values. The study contributes to the development of criminal law scholarship by emphasizing the need to reconcile justice and legal certainty as complementary principles in constructing a responsive and sustainable criminal justice system. The findings also provide a basis for policymakers to formulate criminal law reforms that are more adaptive, consistent, and oriented toward social justice.