Publication Search

54,413 articles from 425 journals · 1,457 citations tracked

Showing 1-2 of 2

Analytics

Allison Dara Dharmawan; Nadira Karisma Ramadanti

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of the 2023 Criminal Code shows a change in the direction of punishment in Indonesia. The 2023 Criminal Code emphasises the purpose of punishment on prevention, correction, and restoration of balance, in contrast to the old Criminal Code which was more oriented towards providing deterrent effects. This is proven by the emergence of alternative punishment in the form of supervision punishment and social work punishment. The purpose of this study is to examine whether this alternative punishment is appropriate when viewed from the purpose of punishment and how the implementation of alternative punishment in other countries. This alternative punishment not only provides a more humane and restorative punishment option, but is also expected to overcome the problem of overcapacity of Correctional Institutions (Lapas). In addition, this research discusses the implementation of alternative punishment in other countries, such as the Netherlands and Portugal, which have proven effective in reducing the prison population and recidivism rate. By using normative juridical research method, the author makes the Criminal Code 2023 as the main legal basis to be analysed.

Moh. Elson I.M.Tandesa; Moh. Rusdiyanto U. Puluhulawa; Apripari Apripari

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to find out how law enforcement is carried out against perpetrators of recidivist criminal acts of theft. The research method used is juridical-normative which is analyzed qualitatively. The research results show that recidivism is the repetition of a criminal act by the same perpetrator, where the criminal act committed previously has been sentenced to a criminal sentence and has permanent legal force, and the repetition occurs within a certain period of time. When imposing a sentence, the judge does not mention the amount of additional prison sentence of 1/3 (one third) of the main criminal threat (the presence of a criminal aggravation due to recidivism reasons), because the judge will basically immediately impose a long sentence on the defendant. Crime prevention is a variety of proactive and reactive activities directed at perpetrators and victims, and in the social and physical environment, carried out before and after a crime occurs. There are two ways of dealing with recidivist crimes, namely, preventive and repressive.