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Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code)

The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the for...

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Main Authors: Musa, M, Zulhuda, Sonny, Endri, Endri, Susanti, Heni, Rinaldi, Kasmanto
Format: Article
Language:English
English
Published: Universitas Diponegoro 2024
Subjects:
HV7231 Criminal justice administration
K Law (General)
K3150 Public law
K5000 Criminal Law
KBP470 Law reform. Criticism. Tanzim
Online Access:http://irep.iium.edu.my/112678/1/112678_Guidelines%20for%20implementing%20imprisonment%20sentences.pdf
http://irep.iium.edu.my/112678/6/112678_Guidelines%20for%20implementing%20imprisonment%20sentences_SCOPUS.pdf
http://irep.iium.edu.my/112678/
https://ejournal.undip.ac.id/index.php/lawreform/article/view/52851
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spelling my.iium.irep.1126782024-08-12T03:01:21Z http://irep.iium.edu.my/112678/ Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code) Musa, M Zulhuda, Sonny Endri, Endri Susanti, Heni Rinaldi, Kasmanto HV7231 Criminal justice administration K Law (General) K3150 Public law K5000 Criminal Law KBP470 Law reform. Criticism. Tanzim The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the formulations of single and alternative penalties for criminal acts in the provisions of the National Criminal Code. This paper aims to conduct a theoretical study on the formulation of the criminal system from the guidelines for implementing prison sentences with a single formulation contained in Book I of the National Criminal Code, as a general rule that applies to Book II of the National Criminal Code and criminal law out of the National Criminal Code. The results of the study show that the formulation of criminal application guidelines with a single formulation contained in the provisions of Article 57 of the National Criminal Code theoretically does not follow the rules of the criminal system as they should. The provisions of Article 57 are placed in the 3rd paragraph to regulate "Guidelines for the Implementation of Imprisonment Sentences with a Single Formulation and Alternative Formulations." Lawmakers no longer include guidelines for implementing prison sentences with a single formulation, as previously existed in the Draft of the National Criminal Code. The consequence of not regulating the guidelines for implementing prison sentences with a single formulation is that judges cannot make flexible choices in applying sentences that are in accordance with the objectives of the sentence. Universitas Diponegoro 2024-05-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/112678/1/112678_Guidelines%20for%20implementing%20imprisonment%20sentences.pdf application/pdf en http://irep.iium.edu.my/112678/6/112678_Guidelines%20for%20implementing%20imprisonment%20sentences_SCOPUS.pdf Musa, M and Zulhuda, Sonny and Endri, Endri and Susanti, Heni and Rinaldi, Kasmanto (2024) Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code). Law Reform: Jurnal Pembaharuan Hukum, 20 (1). pp. 106-134. ISSN 1858-4810 E-ISSN 2580-8508 https://ejournal.undip.ac.id/index.php/lawreform/article/view/52851 10.14710/lr.v20i1.52851
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic HV7231 Criminal justice administration
K Law (General)
K3150 Public law
K5000 Criminal Law
KBP470 Law reform. Criticism. Tanzim
spellingShingle HV7231 Criminal justice administration
K Law (General)
K3150 Public law
K5000 Criminal Law
KBP470 Law reform. Criticism. Tanzim
Musa, M
Zulhuda, Sonny
Endri, Endri
Susanti, Heni
Rinaldi, Kasmanto
Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code)
description The most basic difference in the criminal system between the Criminal Code (WvS) and the National Criminal Code is the provision of sentencing guidelines. It is important to formulate guidelines for sentencing as a provision to achieve the objectives of punishment because they are related to the formulations of single and alternative penalties for criminal acts in the provisions of the National Criminal Code. This paper aims to conduct a theoretical study on the formulation of the criminal system from the guidelines for implementing prison sentences with a single formulation contained in Book I of the National Criminal Code, as a general rule that applies to Book II of the National Criminal Code and criminal law out of the National Criminal Code. The results of the study show that the formulation of criminal application guidelines with a single formulation contained in the provisions of Article 57 of the National Criminal Code theoretically does not follow the rules of the criminal system as they should. The provisions of Article 57 are placed in the 3rd paragraph to regulate "Guidelines for the Implementation of Imprisonment Sentences with a Single Formulation and Alternative Formulations." Lawmakers no longer include guidelines for implementing prison sentences with a single formulation, as previously existed in the Draft of the National Criminal Code. The consequence of not regulating the guidelines for implementing prison sentences with a single formulation is that judges cannot make flexible choices in applying sentences that are in accordance with the objectives of the sentence.
format Article
author Musa, M
Zulhuda, Sonny
Endri, Endri
Susanti, Heni
Rinaldi, Kasmanto
author_facet Musa, M
Zulhuda, Sonny
Endri, Endri
Susanti, Heni
Rinaldi, Kasmanto
author_sort Musa, M
title Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code)
title_short Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code)
title_full Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code)
title_fullStr Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code)
title_full_unstemmed Guidelines for implementing imprisonment sentences with single formulation (a critique of Book I of the National Criminal Code)
title_sort guidelines for implementing imprisonment sentences with single formulation (a critique of book i of the national criminal code)
publisher Universitas Diponegoro
publishDate 2024
url http://irep.iium.edu.my/112678/1/112678_Guidelines%20for%20implementing%20imprisonment%20sentences.pdf
http://irep.iium.edu.my/112678/6/112678_Guidelines%20for%20implementing%20imprisonment%20sentences_SCOPUS.pdf
http://irep.iium.edu.my/112678/
https://ejournal.undip.ac.id/index.php/lawreform/article/view/52851
_version_ 1809136350130077696
score 13.211869

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