KEBIJAKAN HUKUM UNTUK MENINGKATKAN SANKSI PIDANA PENJARA PADA TINDAK PIDANA RINGAN

Abstract

Indonesia existence as a rule of law state is characterized by several basic elements, such as recognition and protection of human rights, equality before the law, government organized based on law and so on. Therefore, the aim of punishment cannot be separated from the aim of the law in general to achieve material and spiritual welfare of society as well as undesirable acts, criminal threats for an act which is not desired by society as a criminal act in accordance with the article to which it applies. The rise of minor criminal offenses is the focus of this research, considering that there are several sanctions for criminal acts of imprisonment in minor criminal offenses which are considered less in accordance with applicable regulations, and even lack a sense of justice in them. This research is a type of normative juridical legal research. The data used in this research is secondary data, namely data obtained through literature study in the form of books, legislation, scientific journals and other reading related to research. The results of the research show that the application of sanctions in prison in the Bale Bandung District Court Decision Number 1077/Pid.B/2016/PN.Blb and the decision in the Busrin case are not in accordance with the criminal acts committed by the perpetrators which should be included in light crimes, so that causing harm to the victim. The effectiveness of sanctions for minor crimes by applying imprisonment to the perpetrators currently shows that it is not yet effective, because the resolution of general criminal cases, especially minor crimes, still uses a penal solution where the sentence imposed on perpetrators of minor crimes is a prison sentence that is not in accordance with the crime. his crime. With this, it is hoped that law enforcement agencies can apply the article according to the crime and pay more attention to the various elements of justice in it.

Keywords: Legal policy, effectiveness, prison criminal sanctions