Kebijakan Formulasi Sanksi Pidana Penjara Terbatas Dalam Rkuhp Ditinjau Dari Sistem Pemidanaan Di Indonesia

Elvina, Elsi (2021) Kebijakan Formulasi Sanksi Pidana Penjara Terbatas Dalam Rkuhp Ditinjau Dari Sistem Pemidanaan Di Indonesia. Other thesis, Universitas Islam Riau.

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Abstract

Imprisonment is one of the types of sanctions that are most often used as a means of overcoming crime problems. The use of imprisonment as a means to punish the perpetrators of criminal offenses only began in the late 18th century which was based on individualism and the humanitarian movement, so this imprisonment has increasingly played an important role and shifted the position of capital punishment and corporal punishment which are considered cruel. Prison punishment, which is the prima donna in the criminal sanction system most often imposed by judges in deciding cases, also needs to be renewed on the types of imprisonment penalties. Limited Criminal. With this type of punishment, it is intended that the convicted person only served part of the sentence of deprivation of his liberty and the other part or the rest was served outside the institution (notcustodian) but was still under surveillance. Thus, this type of crime can also be said to be "intermediate punishment" because its quality is between imprisonment and supervision. That is, it is lighter than ordinary imprisonment but heavier than supervision punishment. The main formulation in this research is how the formulation policy for limited incarceration and probability in the RKUHP in terms of the Criminal System in Indonesia and how the formulation of Combined Incarceration and Probation in the RKHUP is viewed from the Criminal System in Indonesia. This type of research method and the nature of the research is normative research, descriptive in nature, which describes the policy formulation of limited incarceration and probation in the RKHUP in terms of the Criminal System in Indonesia. Data and data sources consist of primary legal materials, secondary legal materials and tertiary legal materials. The policy of formulating limited imprisonment penalties (Combined Incarceration and Probation) originated from the problem of overcrowded in prisons which resulted in the effectiveness of imprisonment being questioned, problems arise when the high number of recidivists is out of control. As a result of these problems, an idea emerged from several countries to create alternative criminal sanctions aimed at reducing overcrowded in prisons and efforts to foster criminals not to repeat their actions. As the formulation of combined incarceration and probation in the RKUHP in terms of comparisons from other countries, many countries have implemented the limited prison sentence, one of which is dominated by several states in America, and is expected to be a reference in the formulation of the RKHUP in Indonesia.

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