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EFFECTIVENESS OF PROBATION PENALTY IN ARTICLE 14a OF THE CRIMINAL CODE AS AN ALTERNATIVE OF PUNISHMENT SYSTEM IN INDONESIA
Ratri Novita Erdianti , Tongat, M.Najih

University of Muhammadiyah Malang


Abstract

Increasing crime is a problem that occurs in every country in the world, including in Indonesia. This forced the government to try to find the right solution in tackling existing crimes. During this time to droped punishment, judges prefer to choose imprisonment as a favorite choice to give punishment to criminal offenders. Basically, if examined, imprisonment has many weaknesses when it is imposed on criminal offenders, especially those that are mild or included imprisonment in the short term so that according to the authors of imprisonment it begins to be irrelevant to droped to criminal offenders, especially related with the purpose of punishment. Some of the weaknesses that arise from imprisonment include the impact on prisonization, dehumanization, stigmatization of prisoners. With these problems, in essence, an alternative punishment is needed that can be a solution that can avoid various problems that arise from imprisonment. In the Criminal Code article 14a has regulated a punishment which is usually called probation penalty. Convictions are a form of crime where the convicted person does not need to through imprisonment in prison, but is a form of criminal punishment wherein the convicted person is given general or special conditions which are not committed to or do not repeat the same criminal offense or other criminal acts within a predetermined period. If in the conditions violated by the convicted person, then the convict must automatically go back to jail as automaticlly. This paper will review the effectiveness of probation penalty as punishment of crime that is able to overcome the problems posed by imprisonment which in this case probatian penalty have relevance to the purpose of the punishment system to be achieved

Keywords: Imprisonment, Probation penalty, punishment system

Topic: Criminal Law

Link: https://ifory.id/abstract/2TRDKhyNvM9L

Conference: International Conference on Law Reform (INCLAR 2019)

Plain Format | Corresponding Author (Ratri Novita Erdianti)

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