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This article discusses whether there is an increasing demand for criminal background checks in continental Europe. It also presents the legislative framework regulating criminal background checks in Europe where a requirement of 'proof of a clean criminal record' in public administration often co-exists with a situation where no specific laws regulate the rights of private employers to ask for such proof. Finally, the article suggests some legal protections for ex-offenders against the increasing use of criminal records in the job market and suggests that a law may be necessary to regulate the right of private employers to conduct criminal background checks.

The problem of the choice of methods of knowledge of legal reality, including criminal law and legal relations, is considered from the standpoint of the possibility of applying the tools and techniques of metaphysics – the science of being and existence. Legal reality, as an independent phenomenon genesis, attributed both to the intersubjective reality that a person is going through and so shared with other people, and to its opposite - monosubjective reality.

The existence of criminal law is to protect and maintain central values insociety. As an independent nation, the applicable criminal law should be in accordancewith the noble values that live and develop in Indonesian society. KUHP (WvS) is aproduct of western colonial law, of course it carries the spirit of colonialism,individalism, and liberalism that is not in accordance with the noble values of anindependent Indonesian nation. The development of Indonesian criminal law must bebased on Indonesian philosophy, spirit, and values, in terms of ideology (Pancasila),religious/religious, social, political, economic, and cultural aspects that live anddevelop in society (customary law). Nor should it ignore international developments,because the Indonesian state is part of a civilized international community. Colonialinheritance criminal law that adheres to the teachings of positivist legal law, must beintegrated with the teaching of legal historism which is a legal understanding that isconsidered appropriate and adhered to by the people of Indonesia, so that in Indonesiathere is an unwritten criminal law (customary criminal law).