CD Tesis
Kebijakan Hukum Pidana Penerapan Pidana Kerja Sosial Dalam Mengurangi Overkapasitas Lembaga Pemasyarakatan Di Indonesia
This study aims to analyze the policy of implementing social work crime in
reducing the overcapacity of prisons in Indonesia. In this study, the focus is on
two main problems, namely the form of policies for implementing social work
crimes and a deeper study if these criminal sanctions are included in the criminal
system. This study uses a normative legal research method where the data
collected is analyzed with existing theories, then refined by the comparative law
method.
The results show that to re-analyze the 2019 Draft Criminal Code, the
reference to social work criminal law is the main criminal sanction contained in
Article 64, then the purpose of punishment is explained in detail in the rules of
Article 51 and Article 52 of the Draft Criminal Code. . The things that underlie all
conditions for the provision of social work criminal sanctions are contained in
Article 85 paragraphs 1 to 9, several things are explained such as the age of the
convict, information and approval from the defendant, the number of hours of
work that must be fulfilled by the convict and the legal consequences, especially if
the convict fails to carry out the work sentence. social. Then to expand the
criminal regulation of social work, a legal comparison is made between countries
that have implemented this criminal sanction. The Netherlands and Japan (rules
based on international law, namely the Tokyo Rules) have long implemented
criminal sanctions for social work, in addition to reducing government budgets,
overcapacity in prisons and the efficiency and effectiveness of social work is very
good. Some examples of this form of social work crime are sweeping and picking
up trash in coordination with the city's environmental and sanitation service,
assisting in nursing home activities for the elderly and others..
To discuss the discourse and the challenges of implementing social work
in the future, the government must review the criminal regulations for social work
because this new criminal sanction requires the determination of programs that
have careful planning, creativity, and careful placement in order to achieve the
expected sentencing goals, the government can also examine more deeply the
rules. social work crime as an additional form of crime in special crimes, because
it assesses the positive response of the community and forms of restoration justice
for both victims and perpetrators of criminal acts.
Keywords : Criminal Law, Social work, Correctional Institution
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