Implementation Imprisonment Penalty as Subsidiary of Fine Penalty: Inconsistency of State Financial Losses

INTERNATIONAL JOURNAL OF ENVIRONMENTAL & SCIENCE EDUCATION, 2017, VOL. 17, NO. 7, 1633-1640

Dr. Ronald Hasudungan Sianturi, S.H., M.H., Dr. Ahmad Feri Tanjung, S.H., M.M., M.Kn.

Rabu, 26 Februari 2020 14:29 | Sudah dibaca 669 kali

The Supreme Court has issued Supreme Court Regulation No. 5 Year 2014 as guidance on fine penalty and imprisonment. This study aims to evaluate the consistency of imprisonment penalty as replacement penalty after the issuance of Indonesia Supreme Court Regulation Number 5 Year 2014 on Fine Penalty as Additional Penalty in Corruption. This research is normative juridical research with cases approach. The data used in the 140 verdicts of the district court in the period January - December 2015. The results show the district court verdicts are inconsistent in converting fines into imprisonment because The Indonesia Supreme Court Indonesia has no regulation or parameters to convert it. Unavailable regulation or parameters makes an obstacle in the effort to return the state financial losses.

Kata Kunci: corruption, fine, imprisonment, penalty, replacement, Indonesia

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