Urgency Of Conditional Criminal Punishment As One Of The Guarantees Of Rights Prisoners Human Rights
Keywords:
Conditional Sentence, Human Rights, PrisonerAbstract
The development of criminal law today has undergone many changes. This is to balance the growth and progress of society. Social problems are also increasing, such as limited access to justice, decent living, decreasing employment opportunities, minimal human resources, so that more and more unemployment is increasing the crime rate. Nowadays, the nature of imprisonment that is to break the spirit of the convicts is no longer an absolute choice. Given the sadness experienced by the convicts because they have to serve a prison sentence is considered inappropriate and contrary to human rights. The method used in this research is a normative legal approach, which aims to obtain normative knowledge regarding the relationship between one regulation and another and its practical application. The presence of conditional sentencing institutions as regulated in Articles 14a to 14f of the Criminal Code provides an alternative choice for prosecutors and judges in prosecuting and deciding a crime, so that the implementation of the sentence is not only carried out in prison, but it is possible to carry out punishment outside prison with a maximum sentence of one year, in the form of attempted crimes with certain conditions and special conditions by the judge. The efforts of the conditional sentence institution must be carried out in a real way, so that the convicts feel that they benefit from the opportunity to improve themselves in the community, considering that if they have to do it within the prison walls, which are afraid of the imprisonment process, it will not succeed as the purpose of punishment.
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