AKUMULASI PIDANA POKOK DALAM PERKARA GABUNGAN TINDAK PIDANA

The principle of justice and legal certainty are two most important principles in the field of criminal law therefore the judge should consider deeply the aforementioned principles before making the verdict. This study aims to understand: (1) the application of criminal sanctions to the acts that constitute a combination of several criminal acts that violate several different criminal laws, and also (2) the implementation of substitute criminal sanctions that exceed the maximum limit of imprisonment (Case Study of Decision Number 631 K / Pid. Sus / 2016). This research focus on the verdict of Indonesia Supreme Court Number 631 K / Pid. Sus / 2016. The said verdict is then analyzed qualitatively then described descriptively, which describes according to the problem then draws conclusions to determine the results The results of this study are: (1) that the judge applies Article 12 paragraph (4) of the Criminal Code in making the verdict related to combination of several criminal acts that violates several different criminal laws that the imprisonment must not exceed 20 (twenty) years. (2) However, the judge also imposes a fine which if not paid by the convicted person must be substituted with imprisonment. The said verdict is potentially could not be executed due to it exceeds the maximum sentence of imprisonment as stipulated in Article 12 paragraph (4) of the Criminal Code.

1.  UEU-Article-12538-05_0075.pdf - 479 KB