PIDANA GANTI KERUGIAN SEBAGAI ALTERNATIF PIDANA PERAMPASAN KEMERDEKAAN DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA DI INDONESIA

RATNA SUMARNI, YUYUN (2008) PIDANA GANTI KERUGIAN SEBAGAI ALTERNATIF PIDANA PERAMPASAN KEMERDEKAAN DALAM PERSPEKTIF PEMBAHARUAN HUKUM PIDANA DI INDONESIA. Other thesis, University of Muhammadiyah Malang.

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Abstract

Starting from the criticism that because of too many negative impacts of imprisonment to be one type of criminal deprivation of liberty, it appears the trend to find alternatives to criminal deprivation of liberty, to avoid the negative impact of the prison such as the stigma of evil against the prisoners, the loss of confidence, sense of security etc.. One of the forms that are considered suitable alternative is Gant losses. Therefore, the authors take the title of the Criminal Compensation For Criminal Confiscation Altrnatif Of Independence In Perspective Pembahruan Indonesian Penal Code. The problem of this research is how the position of criminal compensation in the Penal Code, How pidan position compensation in the draft Penal Code and How to relevance with the aim of punishment compensation The goal, namely to find out how to replace the loss position in the Criminal Code and the draft Penal Code and also to determine the relevance of compensation for the purpose of criminal prosecution. Method of research that writer used is Juridical Normative legal research done by researching library materials or library research (Library Research) by browsing the books and papers related to the problem. The type of juridical research in this study use of comparative judicial law. The result of the discussion of issues raised by the authors is that only compensation in the Criminal Code contained in article 14c only. Replace this loss is a specific requirement of a criminal on parole. So it can not stand alone just as the basic sentence. Compensation is rarely used because of the limitation to acts of pidanya ie only crime that his sentence not exceeding one year that can be applied to criminal parole. Actually, the judge may be falling on criminal conditional on certain crimes that his sentence exceeds one year. So that compensation could be applied. In the draft Criminal Code of 2004 have been changes in the position of criminal restitution. In this concept has been used as compensation public policy that is included in the type of offense despite his status as an additional penalty. However, as additional criminal records in the concept could stand alone without having accompanied the basic sentence. To avoid the imposition of imprisonment that is often used judges, then the concept has been anticipated for each of these criminal penajatuhan must conform or meet the purpose of criminal prosecution. Replace this loss turned out to have very close relevance to the purpose of criminal prosecution. Referring to the philosophy of punishment (treatment philosophy), penalty goal oriented coaching of prisoners, especially the goal of social and resocialization readaptasi convict. Basically the purpose of punishment includes two aspects, namely the protection of the community aspect and the aspect of individual protection.Then, from the aspect of individual protection can still socialize with the community It can be concluded that compensation is actually quite effective if diajdikan as an alternative to criminal prosecution is one of deprivation of liberty, to avoid the negative effects of prison so there is no repetition of the crime again both by former prisoners or potential perpetrators of crime.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 12 Jun 2012 03:39
Last Modified: 12 Jun 2012 03:39
URI: http://eprints.umm.ac.id/id/eprint/7243

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