Optimization of Fine Payment in the Crime of Ordinary Theft as a Substitute of Imprisonment (Case Study of Decision Number 64/PID.B/2020/ PN SGR)
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Abstract
This research aims to (1) find out and analyze the basis of judges' considerations in choosing imprisonment as a punishment for perpetrators of ordinary theft, and (2) determine the urgency of imposing fines in cases of ordinary theft. The type of research used in this study is empirical legal research with descriptive research. The location of the study was Buleleng Regency, Singaraja District Court Class I B. The data collection techniques used in this study were observational techniques, documentary research and conducting interviews. The sampling technique uses the non-probability sampling technique that selects the subjects using a target sampling technique. The data processing technique used in this study is a qualitative technique. The results of the study show that (1) the discretion of the judge to implement/arrange the decision of the 64/Pid.B/2020/PN SGR is based on the aggravating and mitigating circumstances surrounding the circumstances during the trial of the accused witnesses and evidence, and (2) the urgency of imposing fines in cases of ordinary theft because imprisonment is no longer effectively used to deal with prison overcapacity which causes the state budget to be wasted on prison operational costs and imprisonment does not allow victims to get justice regarding the losses they have suffered
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