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VOL. 10, ISSUE 3 (2024)
The disparity between the criminal sanctions of the perpetrator and the losses suffered by the owner is reviewed from article 167 of the criminal code
Authors
Bambang Santoso
Abstract
This study analyzes the disparity between the criminal sanctions
imposed on the perpetrators of criminal acts entering the yard without
permission and the losses suffered by the yard owners, based on Article 167 of
the Criminal Code (KUHP). Article 167 of the Criminal Code regulates the
prohibition of entering other people's yards without permission and stipulates
criminal sanctions in the form of a maximum of nine months in prison or a fine.
However, there is an imbalance between the sanctions imposed and the losses
experienced by the victims, which can affect the sense of justice and the
effectiveness of law enforcement. This study uses a normative juridical method
with an approach to analyzing laws and regulations, case studies, and
interviews with legal practitioners. The results of the study show that the
sanctions regulated in Article 167 of the Criminal Code are often considered
disproportionate compared to the impact of losses suffered by yard owners. In
addition, this imbalance also affects the public's perception of the criminal
justice system and the effectiveness of punishment as a crime prevention tool.
This study recommends a review of legal policies related to criminal sanctions
in Article 167 of the Criminal Code to ensure harmony between sanctions and
losses caused, as well as strengthen the restorative justice approach for the
recovery of victims' losses.
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Pages:239-243
How to cite this article:
Bambang Santoso "The disparity between the criminal sanctions of the perpetrator and the losses suffered by the owner is reviewed from article 167 of the criminal code". International Journal of Law, Vol 10, Issue 3, 2024, Pages 239-243
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