CD Skripsi

Reformulasi Pengaturan Jangka Waktu Pidana Kurungan Subsider Pidana Denda Dalam Tindak Pidana Korupsi

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In court judgment of corruption, there is often a lack of uniformity of court
judgment regarding the term of criminal confinement in lieu of criminal fines.
While the nominal criminal penalties on these court judgment are exactly the
same. This certainly harms the right of the convicted person to obtain justice,
legal certainty and equality before the law. The purpose of this thesis is; first, to
find out the time limit for the confinement of the criminal confinement subsidiary
fines in the case of corruption in positive Indonesian law. Second, to find out the
reformulation of the term of criminal confinement as substitute of criminal fines in
corruption cases.
This type of research used in this legal research is normative juridical
method, with the study of legal principles namely the principle of legal certainty.
This research is descriptive in nature, which is a study that aims to make a clear
and detailed picture of the problem. The data source used is secondary data. Data
collection techniques in this study with a literature review method after the data
collected and then analyzed to draw conclusions.
From the results of research and discussion, it is known that, First, there
are no definite limits regarding the term of confinement in lieu of criminal fines in
cases of corruption in positive Indonesian law. The limitation regarding the
period of confinement in lieu of fines is not contained in Law Number 20 of 2001
Amendment to Law Number 31 of 1999 concerning Eradication of Corruption.
Limitation on the period of confinement in lieu of fines is only regulated in the
Criminal Code which is a general rule. While the nominal of criminal penalties in
the Criminal Code although it has been converted by PERMA Number 2 of 2012
is much smaller than the nominal of fines that are threatened in corruption cases ,
so it cannot be used as a guideline. Secondly, the expected reformulation is the
rule regarding the period of confinement in lieu of fines in the criminal act of
corruption which was only guided by the Criminal Code which is a general rule,
become updated with the term of the limitation of the period of confinement for a
substitute fine specifically in the Act on Eradication of Acts Criminal Corruption.
In order to have clear guidelines so as to create court judgment that meet the
value of justice, and legal certainty and uniformity of court judgment between
convicts who are sentenced to a fine with the same nominal. The author's
suggestion, First, to minimize the inconsistency of court judgement, the
government must immediately update the rules regarding the period of
imprisonment as a substitute for criminal imprisonment in corruption cases.
Second, the renewal of the rules regarding the limit of criminal time must be
carried out accompanied by synchronization of the nominal fines threatened in
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the Corruption Eradication Law, so that these limits can actually be used as
definite guidelines.
Keywords: Reformulation - criminal confinement - Criminal Fines - Corruptio

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0163)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2020

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0163)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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