PENGAWASAN VONIS PIDANA BERSYARAT SEBAGAI ALTERNATIF PEMIDANAAN

Abstract

This study aims to determine and analyze juridically the supervision
of the imposition of conditional punishment as an alternative to punishment and to
determine and analyze judicially the criminal law policy in the Draft Criminal
Code on the imposition of conditional punishment as an alternative to punishment.
The research method used is the type and source of the data obtained
through legal materials as primary data and supported by secondary data from
books, laws and regulations and others. This study uses qualitative data analysis.
The results of the study indicate that the urgency of imposing
conditional punishment as an alternative to punishment is very important to
provide convicts to improve themselves in society, prevent avoiding prison subcultures
and prevent overcapacity in correctional institutions. Supervision
procedures in conditional crimes have not been regulated, thus causing confusion
for the apparatus appointed as supervisors so that the supervision process does not
run, due to various obstacles and obstacles faced. The conditional criminal
formulation policy in the Draft Criminal Code should pay attention to the
formulation of the pattern for the formulation of the type of criminal and the
duration of the sentence, the formulation of the pattern for the duration of the
supervision sentence, the formulation of general and specific requirements for the
supervision crime, the formulation of conditions for the imposition of a
supervisory crime, as well as the formulation of guidelines for the application of a
supervisory crime.
Keywords: Conditional Crime, Supervision, Alternative Sentence