Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP
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 (maatre...
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| Format: | Article |
| Language: | English |
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Universitas Pattimura, Fakultas Hukum
2022-12-01
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| Series: | SASI |
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| Online Access: | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1038 |
| _version_ | 1811175428056940544 |
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| author | Teng Junaidi Gunawan |
| author_facet | Teng Junaidi Gunawan |
| author_sort | Teng Junaidi Gunawan |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-10T19:36:01Z |
| format | Article |
| id | doaj.art-da57753b29d9408394dcbb0ff2ec621a |
| institution | Directory Open Access Journal |
| issn | 1693-0061 2614-2961 |
| language | English |
| last_indexed | 2024-04-10T19:36:01Z |
| publishDate | 2022-12-01 |
| publisher | Universitas Pattimura, Fakultas Hukum |
| record_format | Article |
| series | SASI |
| spelling | doaj.art-da57753b29d9408394dcbb0ff2ec621a2023-01-30T05:30:55ZengUniversitas Pattimura, Fakultas HukumSASI1693-00612614-29612022-12-0128453254310.47268/sasi.v28i4.1038642Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHPTeng Junaidi Gunawan0Doctoral Program in Law of 17 Agustus 1945 University, SurabayaIntroduction: 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.https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1038ius constituendumcriminal law sanction systemdouble track systemthe national rkuhp. |
| spellingShingle | Teng Junaidi Gunawan Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP SASI ius constituendum criminal law sanction system double track system the national rkuhp. |
| title | Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP |
| title_full | Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP |
| title_fullStr | Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP |
| title_full_unstemmed | Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP |
| title_short | Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP |
| title_sort | ius constituendum criminal law sanction system with double track system principle in the national rkuhp |
| topic | ius constituendum criminal law sanction system double track system the national rkuhp. |
| url | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1038 |
| work_keys_str_mv | AT tengjunaidigunawan iusconstituendumcriminallawsanctionsystemwithdoubletracksystemprincipleinthenationalrkuhp |