ARCHIVES
VOL. 7, ISSUE 6 (2021)
Reconstruction of the moratory of the provision of remissions against drug criminal as additional punishment in a justice value-based penal system
Authors
Tri Setyadi Artono, Gunarto, Sri Endah Wahyuningsih
Abstract
The purpose of this study is to examine and analyze the legal construction of a moratorium on granting remissions to narcotics convicts as additional punishment in the current criminal system that is not yet based on justice values; This research is a qualitative-type of research, with sociological juridical approach that is descriptive analysis which relies on Primary data obtained in the field, and analyzed using the Pancasila Justice Theory. The moratorium on granting remissions is not an additional penalty imposed by a judge but is a policy of the Correctional Institution. The weakness of the moratorium on granting remissions to narcotics convicts based on paragraph (1) letter (a) in Article 34A of Government Regulation Number 99 of 2012 is not effective and creates legal uncertainty because there is no guarantee that the willingness to cooperate will be granted, therefore, Article 34A paragraph (1) letter a Government Regulation Number 99 of 2012 which reads that he is willing to cooperate with law enforcement to help dismantle the criminal case he has committed, must be reconstructed with the sound of the phrase: no court decision which has permanent legal force revoke their right to get remission.
Download
Pages:125-129
How to cite this article:
Tri Setyadi Artono, Gunarto, Sri Endah Wahyuningsih "Reconstruction of the moratory of the provision of remissions against drug criminal as additional punishment in a justice value-based penal system ". International Journal of Law, Vol 7, Issue 6, 2021, Pages 125-129
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.