Kebijakan Legislasi Pembaruan Pemidanaan Kitab Undang-Undang Hukum Pidana

Dr. Faisal S.H., M.H, - and Anri Darmawan, - and Muh. Rustamaji, - and M. Witsa Firdaus, - and Rahmaddi, - (2022) Kebijakan Legislasi Pembaruan Pemidanaan Kitab Undang-Undang Hukum Pidana. Jurnal Magister Hukum Udayana, 11 (4). 928--942. ISSN 2502-3101

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Abstract

The Dutch Colonial Criminal Code was born in the classical era. So that the concept of punishment is oriented towards acts with the argument of retaliation. So that criminal law enforcement is not in line with the development of national insight and global insight. The purpose of this research is to find out the renewal of the basic ideas of sentencing legislation policies, and the formulation of sentencing guidelines in the recently passed Criminal Code. The research method uses normative research. The results of the study show that legislation policy has a vision of building a national criminal law with the main mission of decolonization through systemic open codification. The basic idea of ??punishment reflects national goals and the value of balance. The purpose of sentencing is a rational choice that is formulated as a means of prevention, protection, protection and guidance. The Punishment Guidelines serve as a guide for judges to convict, pardon judges by not convicting, and impose sentences even though there are reasons for abolishing crimes

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