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Formulasi kebijakan hukuman pidana penjara seumur hidup dalam sistim hukum nasional pemerintah republik Indonesia

Subiyantoro, Gatut and Sirajuddin, Sirajuddin (2017) Formulasi kebijakan hukuman pidana penjara seumur hidup dalam sistim hukum nasional pemerintah republik Indonesia. Jurnal Hukum Ekonomi dan Bisnis, 15 (1).

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Abstract

This research aims to study and understand the Criminal Policy Formulation life imprisonment in the penal code and the draft Criminal Code.Method used is normative juridical method. The results in this study are: (1) Formulation of Policies Criminal life imprisonment in the penal code formulated as an alternative to the Criminal dead or always in alternative right with Criminal Prison in a certain time, aims besides iniquity convict, provide a deterrent effect, provide guidance, rehabilitation, social reintegration, as well as a vehicle for moral guidance inmates also intended to maintain order and protect the entire community, providing a sense of peace in the community to realize general order. Therefore promote the re-convict, and free of guilt on themselves convicted in the hope if back in the community to be well received by the community to fill his new life seta is expected to be a warrior, played an active role reformer independence (2) Formulation of Policies Criminal Life Imprisonment should be balanced attention protection against the convict and his family as well as its economic and social impact as well aegis of the protection of the public. Because within the Penitentiary convict must undergo punishment for his life. Welfare state should attend public attention should be realized, in this case the judge's decision should not be only focused on equality of suffering; (3) Implementation Formulation Policy Criminal Life Imprisonment in the Republic of Indonesia lags behind other countries. (4) Legal Opinion Formulation of Policies Criminal Life and the Death Penalty in the future should be abolished because it does not conform to the objectives of the Unitary Republic of Indonesia in 1945 opening , Functions of the Republic of Indonesia, Article 27, 28 i 1945, Value of Human Rights and the Universal Declaration Amendment of the US Constitution. Conclusions : (1) Formulation of Policies Criminal Life of the Criminal Code has always formulated as an alternative to the Criminal dead or always in the alternative right to criminal Prison in a certain time. Criminal Life Imprisonment in the Criminal Code regulated in Article 12 paragraph (1) and (3) oriented towards the aegis and protection of the public while the Criminal Code draft-oriented society and the protection of individual protection; (2) The implementation of lifelong imprisonment only oriented to protection of the public; (3) Reform of Criminal Policy Formulation life imprisonment in the draft Penal Code is a modified form of protection of individuals convicted of criminal prosecution is still maintained by the Government and the Parliament, used as an alternative criminal threats on customer Dead weight.

Item Type: Article
Uncontrolled Keywords: Implementation of policy formulation life imprisonment, Reform policy formulation life imprisonment
Divisions: Fakultas Hukum > S1 Hukum
Depositing User: tassa Natassa Auditasi
Date Deposited: 18 Feb 2022 15:21
Last Modified: 18 Feb 2022 15:21
URI: https://eprints.unmer.ac.id/id/eprint/2608

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