KEBIJAKAN PIDANA PENGAWASAN DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA

Hermans, Raymond and Antory, Royan and Susi, Ramadhani (2013) KEBIJAKAN PIDANA PENGAWASAN DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA. Undergraduated thesis, Fakultas Hukum, UNIB.

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Abstract

Currently there is a problem that continues to be solved , the problem is the existence of community dissatisfaction with criminal deprivation of liberty , the sharp criticism directed against the imprisonment of both from the point of view of its effectiveness and other negative effects . To imprisonment ,there are alternatives which are non - criminal costodial that one form of criminal supervision . The purpose of this paper to learn about the settings under the supervision of the criminal law , namely the positive Indonesian Criminal Code (Wvs) , and how the regulation of criminal surveillance in the future . This type of normative research methods , and use the approach of legislation ( Statute Approach) , In addition, this study also uses a comparative approach that compares the Criminal Code (Wvs) with draft Penal Code and several input settings from other countries , namely Denmark and Portugal . The next stage is to analyze the perspective to find answers to problems by using systematic thinking stages . Based on the results of a study of the regulation of criminal supervision at this time is in the Criminal Code (Wvs) , there are still shortcomings in it , one of which as stated by Nawawi Arief Barda is still a strafmodus ( how to run acriminal ) and is not a strafsoort ( selection of the type of criminal ) , so it can not be a sound basis for the judge to drop the criminal supervision . Later in the supervision of the criminal setting has yet to be overcome stigmatization caused by the presence of the judge's decision remains to imprisonment . Furthermore, in the Criminal Code Bill 2010 contains a provision about criminal surveillance , which is said to be a refinement of criminal surveillance in the Criminal Code . To meet the criminal system needs to be better oversight of criminal supervision arrangements in 2010 and compare it with the concept of criminal supervision arrangements in the Criminal Code (Wvs) .

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