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lesrev - Lex Scientia Law Review - Vol. 9 Issue. 1 (2025)

Indonesian Criminal Law Reform Policy Through the Classification of Fines in the Indonesian National Criminal Code (Attributed to Fines Sanctions in Law Number 63 Year 2024 on Immigration)

Maidah Purwanti, Sigid Suseno, Idris Idris, Erika Magdalena Chandra,



Abstract

After the Dutch colonial occupation, for 78 years Indonesia still used Wetboek van Strafrecht as the law that regulates criminal law until finally in 2023 Indonesia has a National Criminal Code. The National Criminal Code emphasizes the ultimum remedium character by changing fines into one of the main punishments. The formulation of fine as one of the main punishments is part of the effort to overcome the overcapacity in correctional institutions caused by imprisonment which has always been the main choice in the punishment system in Indonesia and is perceived increasingly ineffective. Fines that have been contained in the Criminal Code are also a reference for the determination of fines in special laws outside the Criminal Code, one of which is the Immigration Law which in its application faces many obstacles. This qualitative research uses normative juridical method that analyzes the norms of fine sanctions and its classification in the Indonesian National Criminal Code. Although there are still findings, the fine clause in the National Criminal Code raises new homework for legislators and implementers, related to special laws outside the National Criminal Code that also formulate fines in their criminal sanctions, the research found that the classification of fines in the National Criminal Code is formulated as a new Indonesian punishment policy that has a more ultimum remedium character and prioritizes the principle of justice over legal certainty, can be a guideline for imposing administrative fines for special laws and regulations such as Immigration Law







DOI :


Sitasi :

0

PISSN :

2598-9677

EISSN :

2598-9685

Date.Create Crossref:

04-Jun-2025

Date.Issue :

02-Jun-2025

Date.Publish :

02-Jun-2025

Date.PublishOnline :

02-Jun-2025



PDF File :

Resource :

Open

License :

https://creativecommons.org/licenses/by-nc-sa/4.0