Penegakan Hukum Pidana Yang Optimal (Perspektif Analisis Ekonomi Atas Hukum)

Mahrus Ali

Jurnal Hukum IUS QUIA IUSTUM
Vol. 15 No. 2 (2008)

Basically, economic analysis towards criminal law relates to two points namely, rationality and efficiency. Rationality denotes that a person, in committing a crime always takes the cost and benefit into account. While efficiency means that a crime offender tends to use certain way which is less costly in committing the crime. An optimum criminal law enforcement, therefore,   may be achieved  through a certain method which takes the following three aspects into account; the benefit which is gained by the criminal offender, the lost which is caused by such crime, and also, the expenditure caused by  legal enforcement activities