Tujuan Pemidanaan & Pedoman Pemidanaan

Summary

This video discusses the updates to Indonesia's Criminal Code (KUHP), specifically focusing on the purpose and guidelines for criminal punishment. The objectives of punishment are explained as prevention, rehabilitation, conflict resolution, and fostering repentance in offenders. Judges are given clear guidelines to balance justice and legal certainty, considering factors like intent, remorse, and social impact. The concept of restorative justice is emphasized, encouraging a focus on repairing harm rather than just punishing the offender. The video highlights the importance of fairness, with Indonesia's legal system gradually adopting more progressive approaches compared to some European nations.

Takeaways

• 😀 The new Indonesian Criminal Code (KUHP) emphasizes reducing disparities in sentencing, aiming for more fairness in judicial decisions.
• 😀 The four primary goals of sentencing in the new KUHP are prevention of crime, rehabilitation, conflict resolution, and encouraging remorse in offenders.
• 😀 Judges are required to prioritize justice over certainty when there is a conflict between the two in the sentencing process.
• 😀 The KUHP introduces guidelines for sentencing, ensuring judges consider various factors such as the seriousness of the crime, the motive, and the social impact of the offense.
• 😀 Restorative justice is a key component of the new law, focusing on reintegrating offenders back into society and addressing the needs of victims.
• 😀 The new law aims to avoid excessive gaps in sentencing, ensuring that the punishment is proportional and just in relation to the offense.
• 😀 Judges are instructed to consider the personal circumstances of the offender, including their social and economic background, when determining sentences.
• 😀 The KUHP incorporates a flexible approach, allowing judges to interpret laws to achieve justice in concrete cases, rather than strictly following the text of the law.
• 😀 The new regulations emphasize human dignity and aim to treat offenders with respect while holding them accountable for their actions.
• 😀 While restorative justice has been implemented in Indonesia, it is still behind some European countries, such as the Netherlands, in terms of application and effectiveness.

Q & A

What is the main topic discussed in this episode of the program?

The main topic discussed is the socialization of Law Number 1 of 2023 regarding the Indonesian Penal Code (KUHP). The episode focuses on the objectives and guidelines for criminal sentencing under the new law.

What are the two key aspects covered in the discussion of KUHP in this episode?

The two key aspects discussed are the 'objectives of criminal sentencing' and the 'guidelines for criminal sentencing' as outlined in the new KUHP.

How does the new KUHP address the issue of disparities in sentencing?

The new KUHP aims to reduce disparities in criminal sentencing. It introduces clear guidelines and objectives for sentencing to prevent large gaps in how sentences are handed out.

What are the four primary objectives of criminal sentencing in the new KUHP?

The four primary objectives of criminal sentencing are: 1) Preventing crime for the protection and welfare of society, 2) Rehabilitating offenders so they become better individuals when they return to society, 3) Resolving conflicts caused by crimes, and 4) Cultivating remorse and alleviating the offender's sense of guilt.

What does the new KUHP emphasize about human dignity in criminal sentencing?

The new KUHP emphasizes that the concept of criminal punishment should not undermine human dignity. It stresses the importance of respecting human rights while ensuring justice.

How does the new KUHP guide judges in balancing legal certainty and justice?

The KUHP instructs judges to prioritize justice over legal certainty when there is a conflict between the two. This approach allows judges to interpret laws in a way that achieves fairness in specific cases.

What are some of the key considerations judges must take into account when sentencing under the new KUHP?

Judges must consider several factors, including the severity of the crime, the offender's motives, whether the crime was planned, the impact of the crime on the victim and their family, the offender's remorse, their social and economic background, and whether the victim has forgiven the offender.

What role does restorative justice play in the new KUHP?

Restorative justice plays a significant role by focusing on restoring the situation after the crime, fostering reconciliation, and considering the interests of both the offender and the victim, including the opportunity for the victim to forgive the offender.

What is said about the implementation of restorative justice in Indonesia compared to Europe?

Restorative justice in Indonesia is considered to be somewhat behind when compared to European countries like the Netherlands. However, it is acknowledged that restorative justice is now being implemented in Indonesia, even though it is still developing.

What is the broader political and legal philosophy underlying the new KUHP?

The political and legal philosophy of the new KUHP is to uphold human dignity and deliver justice through restorative justice, which emphasizes the rehabilitation of offenders and the reconciliation of all parties involved in a criminal case.