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VOL. 10, ISSUE 3 (2024)
Implementation of prison criminal against elderly offenders reviewed from the aspect of justice
Authors
Teuku Alaidinsyah, Din, Teuku Saiful
Abstract
Imposing prison sanctions on elderly people (seniors) is contrary to
the principles of justice, so that the judge's consideration in deciding
criminal acts committed by elderly people becomes a just verdict for the
elderly perpetrator. This research uses a type of juridical-normative research,
namely legal research that conceptualize principles, rules, norms, and
doctrines. This approach is also known by the public as a normative legal
approach or research. Imposing prison sanctions on elderly people is contrary
to the principles of justice, this is because an elderly person is a person at
the final stage of human life development and is characterized by a person's
failure to maintain healthy balance and physiological stress conditions so that
imprisonment is not in accordance with the principles of justice when applied.
to an elderly person. It is recommended to law enforcement officials, in this
case investigators, to apply solutions using a restorative justice approach as
a new paradigm in punishing elderly perpetrators who are excluded from immoral
and non-criminal crimes that conflict with the public interest. It is
recommended that judges sentence elderly criminals to probation if the maximum
sentence is 1 year, provided they are not recidivists.
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Pages:88-92
How to cite this article:
Teuku Alaidinsyah, Din, Teuku Saiful "Implementation of prison criminal against elderly offenders reviewed from the aspect of justice". International Journal of Law, Vol 10, Issue 3, 2024, Pages 88-92
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