CD Skripsi
Politik Hukum Perubahan Bentuk Sanksi Pidana Penjara Menjadi Sanksi Pidana Kerja Sosial Di Indonesia
ABSTRACT
The development of the times in social life in a country will always be
accompanied by an increase in various kinds of criminal acts, both minor crimes
to serious crimes. This also happens in Indonesia, where there is a lot of use of
prisons as sanctions to provide a deterrent effect for criminals. Because of this, all
prisons in Indonesia experience overcapacity or excess capacity which causes the
inmates' rights to not be fulfilled in accordance with applicable laws and
regulations and the goal of fostering the inmates themselves in prisons is not
achieved. In the provision of sanctions for criminals, imprisonment or
confinement is still the favorite sanction because almost every crime, the
sanctions given to perpetrators are imprisonment. In this case, the need for legal
politics to change the form of prison sanctions into social work criminal sanctions,
so that not all criminals are threatened with imprisonment. This is also useful for
preventing excess capacity in prisons and can reduce the state budget for the costs
of prisoners' needs.
In Indonesia, there is no written regulation regarding the use of social
work criminal sanctions to replace imprisonment. Therefore, there are several
minor crimes whose perpetrators are punishable by imprisonment. It is necessary
to change the prison sentence to be changed to social work sanctions so that minor
crimes that occur because the public does not understand the law are not
sentenced to prison. Instead, it can be given criminal sanctions for social work
which can still provide a deterrent effect for the perpetrators without the
perpetrators having to be deprived of their freedom. The research method used in
writing this law is normative research, namely studying various laws and
regulations, journals and related legal theories.
From the results of the research, the problems faced can be concluded,
namely: First, the sanctions that are always threatened to perpetrators of criminal
acts are imprisonment. Where as time goes by more and more criminal acts are
given prison sanctions which cause all prisons in Indonesia to experience excess
capacity. Second, the obstacles or inhibiting factors experienced by law enforcers
in providing sanctions are the absence of regulations or arrangements regarding
social work criminal sanctions in lieu of imprisonment for crimes that are
classified as minor and the lack of a sense of justice in law enforcement itself
where the law applied only follows formal rules. but does not take into account
substance and conscience.
Keywords: Legal Politics, Imprisonment, Social Work Criminal Sanctions
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