Arif, M. (2023) Analisis Yuridis Eksistensi SKCK Dalam Kaitannya dengan Tujuan Pemidanaan dan Perlindungan HAM. Other thesis, Universitas Islam Riau.

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Abstract

Punishment is a punishment imposed on citizens who violate the law or commit acts that harm others. Crime essentially has two main objectives, namely "to influence behavior (gedragsbeinvloeding) and conflict resolution (conflict toplossing)". Criminal sanctions are actually reactive to an act. Certificate of Police Record is a letter issued as a sign that someone has never been involved in a crime or committed a crime. The purpose of this study is to determine the existence of a police record certificate in relation to the purpose of punishment and protection of human rights in the future. The main problem in this research is the implementation of SKCK in the administrative system, where this provision greatly puts ex-convicts in a corner for various document processing and getting a job. While they have received punishments in accordance with the crimes that have been committed, the application of SKCK as an administrative requirement seems to violate human rights. This type of research is normative legal research, namely research that places law as a norm. The type of approach used in this normative research is the statute approach. literature or document research is carried out on data or literature that is appropriate to the researcher's problems. The author uses primary legal sources consisting of laws and regulations; secondary legal sources such as books, journals, papers, and others; and tertiary legal sources consisting of dictionaries and encyclopedias. Based on the results of the research, it can be concluded that based on the regulation of the head of police number 18 of 2014 concerning Procedures for Issuing a Certificate of Police Records, that is very inconsistent with the purpose of sentencing, in which former convicts must be re-punished through the certificate. SKCK existence actually curbed the life of ex-convicts in social life. If the SKCK is still valid in the future, of course human rights will be at stake only to apply legal certainty.

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