KEBIJAKAN PIDANA TUTUPAN DALAM SISTEM PEMIDANAAN DI INDONESIA

• Main Authors: , Ferdy Andrian, , Sigid Riyanto, S.H., M.Si.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2014
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/133919/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=74828
• Institution: Universitas Gadjah Mada

The research aims to understand and explain ius operatum of tutupan punishment in Indonesia, as well as explain and understand the concept of tutupan punishment on sentencing system in Indonesia related tutupan punishment policy in The bill of criminal code. The methods used in research is normative legal research. On the normative legal research which examined are references or secondary data, consist of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained are processed and anlyzed using qualitativedescriptive methods. The implementation of tutupan punishment was never applied by the judge, but this doesn�t mean that tutupan punishment has never been or never applied. Tutupan punishment was first applied to the case of July 3rd 1946. There are at least 7 (seven) person subject to criminal proceedings in the case. The case illustrates, the differences in viewpoint or ideology in terms of the politics of the Government with the perpetrators of the events of July 3rd 1946. The convicted in the case was tried on the basis of article 107 of the criminal code, on crimes against State security. The tutupan punishment provisions on existing in the Bill of the code with the provisions of the existing on the criminal legislation of the Republic of Indonesia Number 20 in 1946 about tutupan punishment, basically there is nothing that distinguishes. Things may be a little difference in the bill of the criminal code no more distinguishes differentiate among the crimes and offenses, while the tutupan punishment in the legislation of the Republic of Indonesia Number 20 in 1946, can only be applied against acts that constitute a crime. Another thing that distinguishes it is when viewed on the explanation of both these provisions, on the explanation in the legislation of the Republic of Indonesia Number 20 in 1946 about Tutupan punishment, that belief in terms of intent should be honored not only limited in terms of politics, but also in terms of religion and moral discipline.