Open AccessURGENSI PENGGUNAAN SANKSI HUKUM PIDANA DALAM KONTEKS PENANGGULANGAN KEJAHATAN
Author(s) -
Pratiwi Ayu Sri Daulat
Publication year - 2018
Publication title -
jurnal ilmiah hukum dan dinamika masyarakat
Language(s) - English
Resource type - Journals
ISSN - 2460-9005
DOI - 10.36356/hdm.v16i1.848
Subject(s) - sanctions , political science , premise , enforcement , order (exchange) , criminal law , law , law and economics , position (finance) , sociology , business , philosophy , finance , linguistics
In order to carry out the crime prevention and control policy, there are two ways that can be carried out, namely the use of penal facilities or criminal (legal) sanctions, and the use of other facilities (nonpenal). Thus the use of criminal (legal) sanctions is one of the policies in criminal politics, which in this case is not a means that occupies a strategic position and causes many problems. Moreover, if it is associated with the use of criminal sanctions to achieve the purpose of prevention as one of the premise of abolitionist understanding. As a means of law enforcement policy in order to control crime, the use of criminal (legal) sanctions is not an absolute. Even if it will be used, then the problem is the policy of its use must be rational by paying attention to the humanistic approach and social interests that contain certain values that need to be protected. As a criminal policy, the extreme attitude to eliminate criminal (legal) sanctions is not a policy step. Because what needs to be done in policies to control and overcome crime is an integrated approach between penal and non-formal policies. This non-formal activity occupies a key and strategic position that must be intensified and streamlined in controlling and overcoming crime, not eliminating criminal law.