Abstract:In the criminal court, the democracy idea of justice which is represented by Jury and the legalism idea of justice which is represented by the judge have conflict sometimes; the conflict between both sides is solved by the criminal Jury authority system. The criminal jury has veto function to legal application in the case of a verdict of unguilty, which renders the legalism make place for democracy to prevent law harm human rights in criminal case. However, the Jury doesn’t have the rights to create law, which renders the democracy make place for legalism and can prevent accidents of democratic tyranny. From the institutional arrangement of criminal jury authority system, its preferential value is to protect human freedom, and not to realize judicial democracy.