Anticipation of Probation Implementation as the Type of Sentence in the Draft of Indonesian Penal Code

Abstract

Suspended sentence in Indonesian Penal Code is the implementation of imprisonment and one of the alternative for judges when they do not impose imprisonment. In practice, suspended sentence has rarely been handed down because in the community's view it seems similar to acquittal, so that it does not have a deterrent effect. Suspended sentence supervisors are executor prosecutors and, if at any time they violate the provisions of both general and special conditions, the convicted person can be detained and put again in prison. So far suspended sentence implementation has not been effective and not well-structured. Minimum implementation of suspended sentence is a separate problem, particularly in the Draft of Penal Code used as a type of criminal sanctions called probation (supervision). The inclusion of probation in the Draft of Penal Code requires a good strategy and anticipation in the future implementation. Efforts can be made in the form of integrating the implementation system in an integrated and patterned manner, and it is possible to be combined with electronic monitoring that can be put on convicted persons. Electronic monitoring has been implemented in several countries as a tool to monitor convicted persons, for example in the form of bracelets. Thus, supervision is easier and more effective, so that it is expected to achieve the goal of punishment. The aim of this study was to anticipate the implementation of criminal offenses by formulating probation in the Draft of Penal Code as a new type of crime. The research method used was the study of documents / literature. The data obtained were analyzed descriptively and perspectively.