Karya Ilmiah

DISERTASI (382) - Rekonstruksi Pidana Penjara Seumur Hidup Dalam Sistem Pemidanaan

---

One of the criminal penalties regulated in Article No. 10 of the Criminal
Law Book (KUHP) is imprisonment. Imprisonment as referred to in Article No. 12
of the Criminal Law Book is categorized into 2 (two), namely temporary
imprisonment and life imprisonment. Life imprisonment as referred to in Article
No. 12 paragraph (1) of the Criminal Law Book, cannot be interpreted as
imprisonment that must be served as long as the convict's age at the time the
verdict is handed down, but imprisonment which must be taken for the life of the
convict until the convict dies. Life imprisonment does not contain an element of
guidance for convicts and convicts who are serving a life sentence are not treated
humanely because for the rest of their life they are only waiting for death without
being able to interact with the community again. Based on the above background,
the research problems discussed are the philosophy of life imprisonment in the
Indonesian criminal law system and the reconstruction of life imprisonment on
criminal sanctions from a correctional perspective. The type of research used in
this research is legal research.
Ontologically, life imprisonment is regulated as an alternative to the use of
capital punishment and a form of balance against certain criminal acts that are
harmful to society if the perpetrator is returned to the community.
Epistemologically, life imprisonment is a part of imprisonment with the position of
giving retaliation to the perpetrators of certain crimes and in line with the theory
of punishment. Life imprisonment is born from the thought process of the
perpetrator of a criminal act that cannot be rectified, it must be eliminated in a
more dignified manner. The life imprisonment convicts are alienated from society
in order to not bring harm for good. The axiology or benefits of regulating life
imprisonment is to minimize and even eliminate the use of capital punishment with
almost the same suffering and provide a deterrent effect as well as prevention, but
the use of life imprisonment is actually crueller and provides more suffer to the
convicts and their family. Since the purpose of life imprisonment to reduce
suffering caused the death penalty is not fullfilled, the existence of life
imprisonment as one of the penalties must be reviewe

---

Ketersediaan

031517017318

382 Isn r

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

382 Isn r

Penerbit

Surabaya : Fakultas Hukum Unair., 2023

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

-

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar