CD Skripsi
Tinjauan Yuridis Terhadap Pemberian Asimilasi KepadaNarapidana Dalam Rangka Pencegahan Dan Penanggulangan Penyebaran Covid-19Dikaitkan Dengan TeoriPemidanaan
ABSTRACT
Since the existence of the assimilation program in the context of preventing
and overcoming the spread of COVID-19, there are problems that need to be
addressed, with the assimilation given whether the purpose of punishment, which
is to provide a deterrent effect for perpetrators, has been fulfilled, whether it has
guaranteed convicts who have received COVID-19 assimilation. this will not
repeat the crime. This becomes even more worrying when in a situation like this,
where when the prisoner is released it does not necessarily guarantee his
necessities of life, one of which is due to the difficulty of finding a job so that there
is great potential for former inmates to commit criminal acts again. Recidivist or
repetition of a criminal offense occurs in the event that a person commits a
criminal act and has been sentenced to a criminal offense with a judge's decision
who continues to commit another criminal act. In recidivists, it can be assumed
that in the same way as the Realist discourse, a person commits more than one
crime. Another factor that encourages recidivists is the ineffectiveness of the
supervisory function by the Supervisory Agency (BAPAS).
This research will be compiled using the juridical normative type of
research, which is research that is focused on examining the application of the
rules or norms in positive law. The approach used in this research is to use a
normative approach, namely literature law research. This study examines the
subject matter according to the scope and identification of problems through the
statute approach (statue approach) is carried out by examining statutory
regulations and regulations related to the legal issue under study. In this study the
authors conducted research on the principle of legal certainty by utilizing
descriptive methods which according to Sudikno Mertokusumo, the principle of
legal certainty is a guarantee that the law must be carried out in a good way.
The results of the research conducted by the author are, first to know the
provision of assimilation to inmates in the context of preventing and overcoming
the spread of COVID-19 based on the regulation of the minister of law and
human rights number 10 of 2020 related to the theory of punishment, then the
answer is how to achieve criminal responsibility for convicts who take recidivist
action due to assimilation in the context of preventing and overcoming the spread
of COVID-19 in Indonesian criminal law.
Keywords: Assimilation Giving - COVID-19- Recidivists
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