The law in Indonesia is a mixture of the European legal system, religious law, and customary law. Most of the systems adopted, both civil and criminal are based on European law, especially from the Netherlands because of the historical aspects of Indonesia’s past which are colonies with the Dutch Indies (Nederlandsch-Indie). Indonesia also regulates various punishments and penalties for suspects.
The types of punishment are contained in article 10 of KUHP. This type of criminal penalization is distinguished between the principal and extra criminal penalties, in which additional penalties are only imposed if a criminal offense is imposed.
- Death Penalty
Everyone has the right to life, to sustain life, and to improve his / her standard of living as set forth in Article 28A of the 1945 Constitution (contained in the 1945 Constitution). However, those rights may be limited by legal instruments. Death sentences are imposed on certain criminal cases, one of which is narcotics as referred to in Law Number 35 Year 2009 on Narcotics (Narcotics Law).
While the procedure of executing the death penalty is usually dropped by a court in a general judicial or military court environment conducted by shot to death.
- Prison Penalties
Prison penalty is a principal criminal charge that can be imposed for a lifetime or during a certain period of time. Prison sentences for a certain period of one day to twenty years in a row and in the period of their sentence are subject to liability. Prison law is imposed on people who commit a criminal offense.
However, in certain criminal acts there is a minimum limit, for example in the case that a person is found to have been proven to commit a criminal offense in violation of Article 2 of Law No.31 of 1999, the defendant is punished at least 4 years as a lower limit. It means a perpetrator who violates Article 2 of Law No.31 In 1999, a court shall not imprisonment for less than 4 years.
Bracket is just like a prison punishment. So with bracket penalty, convicted during his sentence, lost his independence. According to Article 18 of the Criminal Code, the duration of sentences of arrest ranges from 1 day to less and one year longest.
This confinement sentence has many similarities with imprisonment. In some cases (samenloop, residive, and imprisonment) the sentence can be imposed longer, i.e. 1 year 4 months (article 18 paragraph (2) of the Penal Code). Penalties are presumed to be lesser than imprisonment and are only threatened for a mild event of such nature as in an unintentional crime and in violation.
Some violations of punishment are considered inadequate with threats of penalties. Although the nature of this punishment is for the suspect, however, it is different from other penalties. It can not be executed and suffered by the person being punished. So, in fine penalties, it can not be eliminated the possibility, that the penalty is paid by a third party.
In contrast to other penalties, on fine, such penalties may be converted into brackets instead. The punishable can choose, pay the penalty or brackets instead. In law there is no maximum limit on the amount of the fine to be paid. There is a general minimum of 25 cents, then altered by law No.18 (Perpu) of 1960 (LN 1960 No. 52) to fifteen (15) times. The duration of bracket for penalty replacement is determined on a case-by-case basis by a judge’s verdict, a minimum of 1 day and a maximum of 6 months.
- Penalty sentence
In the Criminal Code of the National Legal Coordination Agency (BPHN), in chapter 10 is listed a criminal penal offense as the ultimate criminal offense of the last section under penalty of fine. Of course this is based on law no. 20 about penal sanctions. Coverage crimes are reserved for politicians who commit crimes caused by their ideological ideology. But in today’s practice of justice, the provisions never apply.
In article 2 of the law 1946 no. 20 it is prescribed that in judging a person who commits a crime, threatened with imprisonment, being motivated by a respectable intent, the judge may impose a punitive sentence. From article 1 of the law, it turns out the sentence was meant to replace the prison sentence.
- Additional penalties
From the name, it is clear that this extra criminal is only addictive crimes. Thus, it can not stand alone, except in certain cases, in the deprivation of certain things. This extra criminal is facultative, meaning it can be dropped but it does not have to be.
In Law No. 31 of 1999 on Corruption Eradication as amended by Law Number 20 of 2001 (the Law of Corruption) for example, it is also regulated concerning additional penalties other than those three forms, such as: the substitution of the substantial amount of money equal to corrupt property, company closure, and so on. In principle, additional penalties can not be imposed solely on the basis of a criminal offense because of its nature being an addition.
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- Civil Law Sanctions
In civil law, the form of punishment may be the obligation to fulfill the achievement (obligation) or the loss of a state of law, followed by the creation of a new legal state. In practice, judges who try and decide on civil matters can also punish litigants in the form of material compensation and immunity payments.
In Article 1365 of the Civil Code of the Civil Code (“Civil Code”) it is mentioned that any act that violates the law which carries a loss to another person, requires that the person who forfeited the loss of such damages be indemnified.
- Administrative Sanctions
Administrative / administrative sanctions are sanctions imposed on administrative offenses or administrative rules of law. Generally administrative / administrative sanctions are:
- Freezing up to the revocation of the certificate and / or permission;
- Temporary termination of administrative services to the reduction of production quotas
- Administrative action.
9. The Whack Court in Aceh Qanun
Qanun Aceh is a provincial regulation that regulates the governance and life of the people of Aceh. Thus referred to in Aticlre 1 number 21 of Law No. 11 of 2006 on the Aceh Government (“Law 11/2006”). One of the known penalties set in Aceh Qanun is the whipping punishment that can be seen in Qanun Province of Nanggroe Aceh Darussalam Number 13 of 2003 on Maisir (Gambling).
The existence of Law 11/2006 empowers the government to form a qanun. Law 11/2006 is also the basis that in Qanun, there can be a new criminal law, a new criminal law, and the Syariah Court.
- Gijzeling (Hostage)
Governments can apply gijzeling to a specific category ofcase. Under the Act, the government can force taxpayers by issuing instant and simultaneous letters, or forcible letters and confiscation papers, including hostage papers. Article 33 section (1) of Act 19/1997 states that hostage may be made against taxpayers who have a tax debt of at least one hundred million rupiahs and doubtful of good faith in paying taxes.
Those are the kinds of punishment in Indonesia. Is that scary enough to make the suspect wary to do criminal again? Let’s see!