Pelaksanaan Sanksi Pidana Denda Pada Tindak Pidana Psikotropika
The penal sanctions formulated by the Law No. 5/1997 reveal an accumulation of prison sanction and fines, which has a relatively high maximum fines. Problems occured in cases when fines were not remunerated, which according to the Criminal Code (KUHPidana) the prisoner must substitute it with a maxi...
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[Yogyakarta] : Universitas Gadjah Mada
2004
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| Summary: | The penal sanctions formulated by the Law No. 5/1997 reveal an accumulation of prison sanction and fines, which has a relatively high maximum fines. Problems occured in cases when fines were not remunerated, which according to the Criminal Code (KUHPidana) the prisoner must substitute it with a maximum prison sentence of six month or eight month when concursus and recidive exist. The problems above happen because the Psychotropic Law does not devise a measure to deal with such situation.
This research is undertaken to improve understandings on the implementation of fine sanctions on psychotropic crimes and investigate challenges faced during its implementation. Research was carried out through literatures review and field works. Primary data were obtained from the respondents and secondary data were collected from criminal court files at research locations.
From the research, it was found that the fine sanction was not properly implemented because prisoners tended not to comply with it. Instead, they prefer to subsitute it with prison sanctions. The research has discovered that the main factors associated with such substitution are the lack of ability and willingness to pay of the prisoners. The policy formulated in the Psychotropics Law aiming at imposing high fine sanction can not therefore be met. It is suggested to develop a specific regulation not in compliance with Article 30 of the Criminal Code dealing with un-remunerated fines or a substition of fine sanctions by amendment of the Psychotropics Law |
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