PEMBAHARUAN SANKSI PIDANA BERDASARKAN FALSAFAH PANCASILA DALAM SISTEM HUKUM PIDANA DIINDONESIA
Journal Title: YUSTISIA JURNAL HUKUM - Year 2016, Vol 5, Issue 2
Abstract
Since Indonesia’s Law Number 1 of 1946 concerning Criminal Law (hereinafter referred to as the Criminal Code) applied, criminal law reformed to continue till now, both the modernity of the criminal law material, formally criminal law, and criminal law enforcement. The third part of the criminal law is part of the criminal law integratted to criminal law reform which must be involved to all three parts so they can be implemented. To achieve the objective of sentencing, Bill Criminal Code of 2012 also formulated a modernity of criminal code. types consist of three types. First, the principal of the criminal consisting of imprisonment, criminal cover, criminal surveillance, criminal fines, and criminal social work. Second, the criminal subject of a special nature, namely the death penalty. Third, the additional penalty which consists of the removal of certain rights, deprivation of certain goods and / or bill, the judge's verdict, payment of compensation, and the fulfillment of obligations of local customs or obligations under the laws of living in society. A appropriate theory and the theory improvement prevention of criminal penalties is an approach based on instrumental perspective. The punishment had been seen as an instrument to achieve certain objectives that lies beyond the punishment itself, namely the improvement of the perpetrator or the people protection. The nature and modalities of punishment must be tailored to the objectives which would be achieved. Thus, the imposition of punishment has no meaning in itself, but deriving their value from something else, namely from those objectives. The implication is that if the penalty is only seen as a means, basically can be replaced by other means which may be more efficient.
Authors and Affiliations
Tommy Leonard
Keywords
Related Articles
- EP ID EP409119
- DOI 10.20961/yustisia.v5i2.8764
- Views 89
- Downloads 0
IMPLEMENTATION OF THE INTERNATIONAL PLANT PROTECTION CONVENTION (IPPC) IN THE REGULATION OF THE AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES (SPS AGREEMENT) IN THE WORLD TRADE ORGANIZATION (WTO): NOTES TO INDONESIA
World Trade Organization (WTO) is an international organization which has an important role in ensuring that the flow of global trade can run with as few barriers as possible. However, according to Article XX (b) of GATT...
RULE OF REASON AND PER SE ILLEGAL APPROACHES IN ENFORCING THE BUSINESS COMPETITION LAW
This article aimed to find out and to give solution to the application of rule of reason and per se illegal approaches in solving the case of monopoly infringement and unfair business competition. This study was a doctr...
THE MEANING OF AUTHORITY RELATION OF CENTRAL GOVERNMENT AND LOCAL GOVERNMENT IN THE LAND SECTOR ACCORDING TO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA
In this study, there are two (2) issues examined. First, how the Central Government and Local Government gained authority in the land sector. Second, how the meaning of the relationship of authority of the Central Govern...
PENEGAKAN HUKUM MALPRAKTIK MELALUI PENDEKATAN MEDIASI PENAL
The purpose of this study is to formulate a law enforcement mallpractice through appropriate penal mediation approach and provide a win-win solution for the parties involved in the dispute medik.Target khususya that iden...
DAMPAK DIBATALKANNYA UNDANG-UNDANG NOMOR 7 TAHUN 2004 TENTANG SUMBER DAYA AIR TERHADAP MANAJEMEN AIR UNTUK KESEJAHTERAAN MASYARAKAT
The water power resource has a great role to support the activities in the fields of farming, clean water of urban and rural areas, industries, fish embankments, tourisms, electricity power, and flood and erosion control...