Jakarta, hitclubapk3 Indonesia
—
The government through the Ministry of Law (Kemenkum) proposes a Draft Law or
Criminal Adjustment Bill
can convert a sentence of imprisonment or imprisonment into a fine.
This was conveyed by Deputy Minister of Law Edward OS Hiariej or Eddy during a working committee meeting with Commission III of the DPR at the parliament complex, Wednesday (26/11).
He explained that this was adjusted because the new Criminal Code (KUHP) no longer recognizes imprisonment.For this reason, according to Eddy, tens of thousands of regional regulations that had imprisonment were converted to fines.
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“Our Criminal Code no longer recognizes imprisonment, so tens of thousands of regional regulations that contain imprisonment have been converted into fines. With the provisions, if the regional regulations contain a single imprisonment, then they will be converted into fines,” said Eddy.
Apart from that, he also explained the differences in the amount of criminal fines between individual perpetrators and corporate perpetrators.
“If the perpetrator is an individual, then the maximum is Category II, meaning 10 million. But if the perpetrator is a corporation, that changes to a maximum of Category V. Category V is around 500 million,” he said.
Furthermore, he also explained that corporations would be subject to larger fines than individuals for the same type of violation.
“Then if the perpetrator can be an individual or a corporation, the changes are based on financial gain. If it is carried out by an individual, then it is category 4, but if it is a corporation it is changed to category 8,” said Eddy.
“Then if the action is not carried out for profit, if it is an individual in category 3, for corporations it will be changed to category 5,” continued Eddy.
For imprisonment, he said that if the prison sentence is combined with a fine, then the conversion provisions are that the cumulative sentence is changed to alternative cumulative.
He said that previously the perpetrator had to serve both sentences, but now the judge can choose to sentence him to prison or a fine.
“The fine is together with the prison sentence. The conversion provisions are for cumulative punishment to be changed to alternative cumulative. So most laws outside the Criminal Code are always prison sentences and fines. We change that to prison sentences and/or fines,”
He also believes that although this can give the judge the freedom to choose, this is already regulated in the new Criminal Code regarding sentencing guidelines.
“So it gives freedom to judges. But we don’t need to worry, because in the new Criminal Code there are sentencing guidelines,” he said.
Previously, Commission III of the DPR and the government officially formed a Working Committee (Panja) for the Bill on Criminal Adjustments.The decision was taken at a meeting between the two parties held on Monday (24/11).
Deputy Chairman of Commission III DPR RI Dede Indra Permana Soediro said that the Panja would discuss the substance of the Criminal Adjustment Bill on November 25-26.
Then it continued on November 27 for discussions at a meeting of the deliberation team (Timus) and synchronization team (Timsin).
(fam/rds)
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