PERBANDINGAN PIDANA DENDA DALAM DUA REZIM KUHP INDONESIA

Abstract

The fine as one of the penalties in Indonesian criminal law, has been applied since the enactment of the Wetboek
von Strafrecht (Dutch Penal Code). The enactment of Law Number 1 of 1946 concerning the Regulation of the
Criminal Law which is the transplantation of law the Dutch Penal Code into a Indonesia criminal law, until
enactment of Law Number 1 of 2023 concerning the Criminal Code (National Penal Code), the existence of fines
as one of the forms of sentencing, was maintained. However, there are a number of differences regarding the
formulation of fines between two regimes of Indonesia Penal Code. This paper aims to compare the scope of
fines formulated in the two regimes of the Indonesian Penal Code. This research uses normative legal research
methods or doctrinal legal research. This research is a micro-law comparative research, which is to compare
certain parts of the law related to the object of the problem, namely the comparison of the scope of fines
formulated between the National Criminal Code and the Old Penal Code. The results of the study revealed that
there are similarities and differences in the scope of fines formulated, between two regimes of Indonesia Penal
Code. The similarity is that fines are one type of sentencing still exist, both in the National Penal Code and the
Old Penal Code. The difference is, the National Penal Code regulates several provisions regarding fines which
in the Old Penal Code were not regulated, such as: the classification of fines into eight categories, the period
and method of payment of fines, provisions regarding confiscation and auction of property/objects of convicts
who do not pay fines, penalties in lieu of fines which were previously in the form of confinement into
imprisonment, supervision, and community service. In addition, affirming fines as the main punishment for
corporation, regulating the implementation of various types of imperative-cumulative and imperative-facultative
penalties, namely fines with other punishment, and finally is order to change the provisions of confinement
stipulated all of local regulations to be replaced by fines.