Practices of Penalty Imposition by Judge under Minimum Limitation in the Context of Justice

DOI

10.2991/icils-18.2018.12How to use a DOI?

Keywords

Penalty Imposition; Special Minimum System; Justice

Abstract

A special minimum penalty is a penal provison that used in a special law which formulation determines minimum limits. Although the law has specified minimum penalty limits, in practice there has been penalty imposition by a judge below the specified minimum threshold. The question is “Can the judge impose a penalty below the specified minimum limit in the law?”. From the outcome of discussion, it can be concluded that the judge may impose a penalty below the specified minimum limits in the law. The permissibility of imposing a penalty below a special minimum limit in accordance with the relative/elastic/uncertain model of unfixed sentence. It has also agreed upon in practice as summarized by the result of the National Working Meeting of the Supreme Court with the Court of Appeal. In bringing the verdict, the judge not only looks at the sound of law, but also has to consider the sense of community justice. Penalty imposition below specified minimum threshold can only be made on the basis of fairness and fact of balance between the actor's error rate and the circumstances surrounding it. Thus, judging from the aspect of justice and the fact of balance between the level of wrongdoers and the circumstances surrounding them, penalty imposition below a special minimum can be done. Penalty imposition below the specified minimum threshold is casuistic (not generally applicable), which means only for certain cases.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Ramiyanto Ramiyanto
PY  - 2018/07
DA  - 2018/07
TI  - Practices of Penalty Imposition by Judge under Minimum Limitation in the Context of Justice
BT  - Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
PB  - Atlantis Press
SP  - 65
EP  - 69
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-18.2018.12
DO  - 10.2991/icils-18.2018.12
ID  - Ramiyanto2018/07
ER  -