PENERAPAN PIDANA DENDA DALAM UNDANG-UNDANG NOMOR 51 TAHUN 1960 TENTANG LARANGAN PEMAKAIAN TANAH TANPA IZIN YANG BERHAK ATAU KUASANYA YANG DIKAITKAN DENGAN PERMA NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP (Studi Perkara No. 01/Pid.C/2016/PN-LBS)
ABSTRACT: Criminal penalties
in the Act No. 51 of 1960 provided for in Article 6 paragraph (1) the maximum
amount of these fines is Rp 5,000. Because given the high land prices at this
time, of course, the nominal amount of the fine is not in accordance with the
development of the present value of the rupiah. Overcoming the Supreme Court
issued Perma No. 2 of 2012 to adjust the penalties that exist in the Criminal
Code and the fine adjustments associated with Act No. 51 of 1960. Formulation
of the problems are: 1) What are the links between criminal penalties of Law
No. 51 of 1960 with Perma No. 2 of 2012 in case No. 01 / Pid.C / 2016 / PN-LBS?
2) How does the application of criminal penalties contained in the law No. 51
of 1960, which is associated with Perma No. 2 of 2012 in case No. 01 / Pid.C /
2016 / PN-LBS ?. The research approach is yuridis normative. Source of data: 1)
the primary legal materials, 2) secondary law and 3) tertiary legal materials.
Data collection techniques: document study. The conclusions of research are: 1)
The relation is between both forms of legislation can be seen from the example
that is decided by the judge ruling in which the judge found rightly too Act
No. 51 of 1960 also increased in value. 2) The application of criminal
penalties by linking the Act No. 51 of 1960, which refers to the Perma No. 2 of
2012.
Penulis: Ade Mohammad Surya
Ade Mohammad
Kode Jurnal: jphukumdd160509
