THE FORMULATION POLICY ON THE LIMITED IMPRISONMENT IN THE RENEWAL OF THE INDONESIAN CRIMINAL LAW
ABSTRACT: One attempt to
eradicte crime is to use the criminal sanction, most of the means used is
imprisonment. Meanwhile, in its development, imprisonment as a state facility
of confinement for conficted criminals has got harsh critisicm from many legal
exerts. A lot of criticism directed against this kind of criminal forfeiture is
the independence, both seen from the effectiveness as well as the views of
other negative consequences accompanying the sanction. In the concept of the
draft of the new Criminal Code of 1982, it is filed a new criminal sanction,
i.e. a sanction of supervision as an alternative to the imprisonment.
Imprisonment and supervision or criminal scrutiny is in fact two concepts that
are philosophically opposed, because on the one hand, imprisonment needs a
convicted person imprisoned inside the institution, and on the other hand the
criminal supervision requires the convicted person undergoing outside the
institution (in the community), but remains under supervision. The two opposing
concepts cause particular consequenses, either weaknesses or advantages. In
order to compensate the weaknesses, it is needed a kind of criminal sanction as
a balance between imprisonment and supervision. A limited imprisonment is a
kind of imprisonment which is expected to achieve a balance between the
interests of protection or security of society and the interests of the
individual. Furthermore, it can be compromised or exploit the positive impacts
(the opposite also means avoiding negative impacts) from imprisonment on the
one hand and criminal supervision on the other hand.
Author: As’ad
Journal Code: jphukumgg130039
