CD Skripsi

Elaksanaan Pidana Kurungan Pengganti Denda Dalam Kasus Tindak Pidana Korupsi Di Wilayah Pengadilan Negeri Pekanbaru

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ABSTRACT
The provisions for criminal fines at extraordinary crime level are
regulated in Law Number 20 of 2001 concerning Eradication of Corruption in
Article 2 paragraph (1). However, the Corruption Law does not regulate the
length of imprisonment in lieu of fines, the determination of the length of the
substitute imprisonment refers to Articles 30 and 31 of the Criminal Code
(KUHP). In practice, the implementation of fines is actually an alternative for the
convicted person not to pay the fine so that the purpose of punishment to return
state losses is not fulfilled. The purpose of writing this thesis is: First, knowing
how to carry out imprisonment in lieu of fines in corruption cases. Second, to find
out what are the benchmarks for judges in imposing imprisonment penalties in
lieu of fines in corruption cases. Third, to find out how the difference in
imprisonment in lieu of fines at the same amount of fines on the sense of justice
and legal certainty.
This type of research is sociological legal research (Social Lagal
Research). This research is more specific to seeing the law in a real sense and
examining how the law works in society by analyzing various literatures related to
the problem being studied as well as interviews with the Head of Pidsus Section of
the Pekanbaru District Prosecutor's Office and Pekanbaru District Court Judges.
From the results of the research conducted, it can be concluded that, first, the
implementation of imprisonment in lieu of fines is an option for the convict if he
does not want to pay the fine and the prosecutor cannot force the convict to pay
the fine. However, in 2019 there tended to be a balance between the defendant
who chose to pay a fine and chose to serve imprisonment in lieu of a fine. Second,
in the aspects of punishment, the judge in making his decision in addition to
looking at the evidence and facts revealed in the trial, he also considers things
that can alleviate and incriminate the accused. Third, judges in compiling their
decisions must reflect justice, benefit and legal certainty. However, in practice,
judges' decisions are often seen as not fulfilling a sense of justice and legal
certainty.
Author's suggestion, First, the need for rules regarding the
implementation of fines that are firm and relevant so that the implementation of
fines in the criminal act of corruption is necessary. Second, it is necessary to have
a guideline for judges by classifying the amount of state losses by determining the
length of the subsidiary to fines so that the judge in passing the sentence can
fulfill the sense of justice for the defendant. Third, the judge in making his
decision should be closer to the value of justice and legal certainty so that the
judge's reasons and considerations in his decision can be accepted by both the
accused and the public.
Keywords: Execution-Fines-Substitute Imprisonment

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0039)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2021

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0039)

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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