CD Skripsi
Perbandingan Sanksi Pidana Denda Negara Portugal Dan Sanksi Pidana Denda Negara Indonesia
ABSTRACT
Fine penalty in Indonesia are not effective because of the regulations in
the Criminal Code and the implementation of fines penalty that are not running
well. In this case, it attracts the author's attention to compare the fine penalty
system between Indonesia and Portugal. Therefore, the purpose of this thesis
research is first, to identify the application of fines penalty between Indonesian
and Portuguese laws. Second, to identify the advantages and disadvantages of
implementing criminal fines regulations in Indonesia and Portugal. Third, to find
out the ideal mechanism for imposing penalty fines on criminal offenders in
Indonesia.
The type of research is classified as normative legal research, which
examines criminal regulations related to criminal fines between Indonesia and
Portugal. Where analyzing the arrangements in the law and the application of the
law of these countries so as to get the difference, or what is also called research
on comparative law.
The results of this research are as follows. First, the application of fines in
Indonesia is rarely imposed, which causes fines not to be implemented properly.
The reason is that in the regulations, particularly in the Penal Code under Article
30, which discusses fines, fines can be replaced by other forms of punishment,
namely imprisonment. In practice, fines are often substituted with imprisonment
due to this provision. Meanwhile, Portugal often imposes fines on offenders.
Second, the advantage of fines in Indonesia is that the maximum amount is
specified in detail, whereas in Portugal, fines are often given in accordance with
the offender's income level. The disadvantage of fines in Indonesia is that judges
rarely apply them, and the penalty amounts are often irrelevant.while in Portugal
the fine will burden criminals who have high incomes. Third, the ideal concept of
criminal fines is in accordance with the economic circumstances of the criminal,
making improvements to the criminal system in a more humane manner.
Suggestions can be given for criminal fines in Indonesia to adjust to the amount of
the convict's income and his economic conditions.
Keywords: Fine Penalty, Comparison, Portugal
Tidak tersedia versi lain