Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Monetary Sanction in Indonesian Criminal Law System: Currently and in the Future

Author(s): Yoserwan

The current Penal Code of Indonesia that is the heritage of Dutch administration is much influenced by the classical school which is characterized by the deterrence effect and placed imprisonment as the main sanction. The consequence is a high rate of imprisonment and over-capacity in the prison. Such a condition will result in problems such as high budgeting for running incarceration and difficulties in conducting rehabilitation in the prison. In current modern criminal law, there are ideas to find alternatives to imprisonment, especially with a monetary sanction. This article is discussing the criminal law policy on monetary punishment in the Indonesian Criminal Law System, both in current criminal law legislation and in the Bill of Penal Code. The study proves that imprisonment is the main character of criminal punishment while monetary sanction is still an alternative to imprisonment. To make the next Penal Code will help overcome the effect of incarceration and be useful for society, it should accommodate a new type of monetary sanctions and put them as the primary type of criminal punishment not only as an alternative to imprisonment.

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