Lex Scientia Law Review
Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th

Indonesian Criminal Law Reform Policy Through the Classification of Fines in the Indonesian National Criminal Code (Attributed to Fines Sanctions in Law Number 63 Year 2024 on Immigration)

Purwanti, Maidah (Unknown)
Suseno, Sigid (Unknown)
Idris, Idris (Unknown)
Chandra, Erika Magdalena (Unknown)



Article Info

Publish Date
31 May 2025

Abstract

After the Dutch colonial occupation, for 78 years Indonesia still used Wetboek van Strafrecht as the law that regulates criminal law until finally in 2023 Indonesia has a National Criminal Code. The National Criminal Code emphasizes the ultimum remedium character by changing fines into one of the main punishments. The formulation of fine as one of the main punishments is part of the effort to overcome the overcapacity in correctional institutions caused by imprisonment which has always been the main choice in the punishment system in Indonesia and is perceived increasingly ineffective. Fines that have been contained in the Criminal Code are also a reference for the determination of fines in special laws outside the Criminal Code, one of which is the Immigration Law which in its application faces many obstacles. This qualitative research uses normative juridical method that analyzes the norms of fine sanctions and its classification in the Indonesian National Criminal Code. Although there are still findings, the fine clause in the National Criminal Code raises new homework for legislators and implementers, related to special laws outside the National Criminal Code that also formulate fines in their criminal sanctions, the research found that the classification of fines in the National Criminal Code is formulated as a new Indonesian punishment policy that has a more ultimum remedium character and prioritizes the principle of justice over legal certainty, can be a guideline for imposing administrative fines for special laws and regulations such as Immigration Law

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Journal Info

Abbrev

lslr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Scientia Law Review [P-ISSN 2598-9677 | E-ISSN 2598-9685] is one of the prominent journals in Indonesia under the auspices of the Faculty of Law at Universitas Negeri Semarang, Indonesia, has established itself as a preeminent platform for legal ...