The Construction of Conditional Criminal Regulations in Indonesian Criminal Code (KUHP)

Abstract

Imprisonment is the sharpest and harshest sanction, so there are efforts to avoid the application of imprisonment for certain crimes. The purpose of this study is to analyze the construction of conditional criminal regulations in the Indonesian Criminal Code. The approach method in this research is sociological juridical. The research specification is descriptive analysis. Research locations in various Cirebon District Courts and Correctional Centers (BAPAS) in West Java, Indonesia. Primary data sources were obtained directly by conducting interviews with respondents, both judges and BAPAS officers. Secondary data was obtained by conducting a literature study. The data is presented in the form of descriptions that are arranged systematically, logically, and rationally, analyzed using qualitative descriptive techniques. The results of the study that conditional criminal regulations in Indonesia are currently not based on the value of justice, this can be seen from the weaknesses of imposing conditional crimes which include the following: (1) The substance of the law, related laws and regulations there are no guidelines for implementing conditional sentence. (2) The legal structure, human resources, still need improvement as well as facilities and infrastructure, supervision applies conditional criminal sanctions. (3) Legal culture, people's views on the law have not been fully understood by the community. Conditional criminal regulations in Indonesia today, are a way out to overcome or reduce overcrowding in Correctional Institutions, as an alternative, especially the short-term criminal deprivation of liberty. Conditional punishment as stipulated in Article 14a -14f of the Criminal Code (KUHP).