Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP
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(1) Doctoral Program in Law of 17 Agustus 1945 University, Surabaya, Indonesia
Corresponding Author
Abstract
Introduction: As the ius constituendum of criminal law, the RKUHP introduces the concept of a double track system in its criminal system. The purpose of this double track system concept is to regulate 2 (two) types of sanctions, namely penal sanction (straf/punishment) and treatment sanction (maatregel/treatment).
Purposes of the Research: First, the ratio legis criminal law sanctions system with the principle of a double track system and factual policies in the National RKUHP. Second, the ideal model of the criminal law sanction system has the principle of a double track system in the National RKUHP.
Methods of the Research: The research method used in this research is normative legal research. Conduct a study of the Criminal Code and the National RKUHP as well as an analysis of the theory of punishment, especially on penal sanction and treatment sanction.
Results of the Research: The results of this study reveal that philosophically the emergence of the double track system concept is influenced by the development of the flow in criminal law, namely from the classical to the modern school, and the neo-classical school. Then the sentencing policy in the National RKUHP is not yet fully based on the principle of a double track system. So that we need an appropriate conception and in accordance with the basic idea of the actual double track system concept, one of which is by integrating additional forms of penal sanction into treatment sanction.Keywords
DOI
10.47268/sasi.v28i4.1038
Published
2022-12-30
How To Cite
@article{SASI1038,
author = {Teng Gunawan},
title = {Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP},
journal = {SASI},
volume = {28},
number = {4},
year = {2022},
keywords = {Ius Constituendum; Criminal Law Sanction System; Double Track System; the National RKUHP.},
abstract = {Introduction: As the ius constituendum of criminal law, the RKUHP introduces the concept of a double track system in its criminal system. The purpose of this double track system concept is to regulate 2 (two) types of sanctions, namely penal sanction (straf/punishment) and treatment sanction (maatregel/treatment).Purposes of the Research: First, the ratio legis criminal law sanctions system with the principle of a double track system and factual policies in the National RKUHP. Second, the ideal model of the criminal law sanction system has the principle of a double track system in the National RKUHP.Methods of the Research: The research method used in this research is normative legal research. Conduct a study of the Criminal Code and the National RKUHP as well as an analysis of the theory of punishment, especially on penal sanction and treatment sanction.Results of the Research: The results of this study reveal that philosophically the emergence of the double track system concept is influenced by the development of the flow in criminal law, namely from the classical to the modern school, and the neo-classical school. Then the sentencing policy in the National RKUHP is not yet fully based on the principle of a double track system. So that we need an appropriate conception and in accordance with the basic idea of the actual double track system concept, one of which is by integrating additional forms of penal sanction into treatment sanction.},
issn = {2614-2961}, pages = {532--543} doi = {10.47268/sasi.v28i4.1038},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1038}
}
Journal Article
Bahiej, Ahmad. “Perbandingan Jenis Pidana Dan Tindakan Dalam KUHP Norwegia, Belanda, Indonesia, Dan RUU KUHP Indonesia.” SOSIO-RELIGIA 7, no. 4 (2008).
Fragoso, H C. “The ‘Dual-Track’ System of Sanctions in Continental Criminal Law.” International Journal of Offender Therapy 12, no. 1 (1968): 37–40.
Book
Abidin, Zainal. PEMIDANAAN, PIDANA, DAN TINDAKAN Dalam Rancangan KUHP 2005. Jakarta: ELSAM - Lembaga Studi dan Advokasi Masyarakat, 2005.
Arief, Barda Nawawi. RUU KUHP Baru Sebuah Restrukturisasi/Rekonstruksi Sistem Hukum Pidana Indonesia. Semarang: Universitas Diponegoro Semarang, 2007.
Gunawan, T.J. Konsep Pemidanaan Berbasis Nilai Kerugian Ekonomi; Menuju Hukum Pidana Yang Berkeadilan, Berkepastian, Memberi Daya Jera, Dan Mengikuti Perkembangan Ekonomi,. Edited by Kencana. Jakarta, 2018.
Kartanegara, Satochid. Hukum Pidana. Balai Lektur Mahasiswa, n.d.
Remmelink, Jan. Hukum Pidana – Komentar Atas Pasal-Pasal Terpenting Dari Kitab Undang-Undang Hukum Pidana Belanda Dan Padanannya Dalam Kitab Undang-Undang Hukum Pidana Indonesia, Terjemahan Tristam Pascal Moeliono. Jakarta: Gramedia Pustaka Utama, 2014.
Sholehuddin, M. Sistem Sanksi Dalam Hukum Pidana Ide Dasar Double Track System & Implementasinya. Jakarta: Rajagrafindo Persada, 2007.
Utrecht, E. Ringkasan Sari Kuliah Hukum Pidana II. Third Publication. Bandung: Penerbitan Universitas, 1965
Thesis, Web Page, and Others
Wikipedia, “Law of Indonesia”, https://en.wikipedia.org/wiki/Law_of_Indonesia
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP |
| 2. | Creator | Author's name, affiliation, country | Teng Junaidi Gunawan; Doctoral Program in Law of 17 Agustus 1945 University, Surabaya; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Ius Constituendum; Criminal Law Sanction System; Double Track System; the National RKUHP. |
| 4. | Description | Abstract | Introduction: As the ius constituendum of criminal law, the RKUHP introduces the concept of a double track system in its criminal system. The purpose of this double track system concept is to regulate 2 (two) types of sanctions, namely penal sanction (straf/punishment) and treatment sanction (maatregel/treatment).Purposes of the Research: First, the ratio legis criminal law sanctions system with the principle of a double track system and factual policies in the National RKUHP. Second, the ideal model of the criminal law sanction system has the principle of a double track system in the National RKUHP.Methods of the Research: The research method used in this research is normative legal research. Conduct a study of the Criminal Code and the National RKUHP as well as an analysis of the theory of punishment, especially on penal sanction and treatment sanction.Results of the Research: The results of this study reveal that philosophically the emergence of the double track system concept is influenced by the development of the flow in criminal law, namely from the classical to the modern school, and the neo-classical school. Then the sentencing policy in the National RKUHP is not yet fully based on the principle of a double track system. So that we need an appropriate conception and in accordance with the basic idea of the actual double track system concept, one of which is by integrating additional forms of penal sanction into treatment sanction. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | T. J. Gunawan, 17 Agustus 1945 University; Doctoral Program, Science of Law |
| 7. | Date | (YYYY-MM-DD) | 2022-12-30 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1038 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sasi.v28i4.1038 |
| 11. | Source | Title; vol., no. (year) | SASI; Volume 28 Issue 4, December 2022 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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