Penerapan Pidana Denda Sebagai Alternatif Dari Pidana Perampasan Kemerdekaan

Manullang, Mona Lisa Uli (2020) Penerapan Pidana Denda Sebagai Alternatif Dari Pidana Perampasan Kemerdekaan. Other thesis, Universitas Islam Riau.

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Abstract

Criminal deprivation of liberty is still the main choice in criminal offenses. The declining value of the rupiah has resulted in law enforcement officials being reluctant to impose criminal fines. The weak factor of the economic power of the community also results in the imposition of criminal fines when a law poses a high enough penalty threat to fines. Many criticisms regarding the crime of deprivation of independence in the short term have a negative effect on the convicted person. By seeing this criticism, it is necessary to hold another alternative, namely the application of criminal fines. The main problem in this research is how the existence of criminal fines in Indonesian positive law and how the opportunities for the application of criminal fines as an alternative to criminal deprivation of independence in the future in Indonesia. The method used in this research is to use normative jurisdiction that is to conduct research in legislation and related books. While the nature of the research used in this research is analytical descriptive, which is to provide a clear picture of the existence of criminal fines in Indonesian positive law and opportunities for the application of alternative fines for deprivation of liberty in the future in Indonesia. In Article 10 of the Criminal Code criminal fines entered into the main penalties in the last sequence after the death penalty, imprisonment, and confinement. The Criminal Code formulates fines with a specific general minimum. The duration of payment of criminal fines is not determined. Criminal fines as an alternative to imprisonment are felt to still not meet the objective of punishment. The opportunity for the application of criminal penalties in the future in Indonesia has the opportunity to be implemented. The Criminal Code draft has increased the credibility of criminal penalties both in terms of their severity and method of implementation. Regarding the amount, the category system will be used while the method of implementation uses the payment period determined based on the judge's decision. The reason for applying the category system is to make it easier if in the future there are changes regarding developments in currency values.

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