URGENSI PENGGUNAAN SANKSI HUKUM PIDANA DALAM KONTEKS PENANGGULANGAN KEJAHATAN

Abstract

In order to carry out the crime prevention and control policy, there are two ways that
can be carried out, namely the use of penal facilities or criminal (legal) sanctions,
and the use of other facilities (nonpenal). Thus the use of criminal (legal) sanctions is
one of the policies in criminal politics, which in this case is not a means that occupies
a strategic position and causes many problems. Moreover, if it is associated with the
use of criminal sanctions to achieve the purpose of prevention as one of the premise of
abolitionist understanding. As a means of law enforcement policy in order to control
crime, the use of criminal (legal) sanctions is not an absolute. Even if it will be used,
then the problem is the policy of its use must be rational by paying attention to the
humanistic approach and social interests that contain certain values that need to be
protected. As a criminal policy, the extreme attitude to eliminate criminal (legal)
sanctions is not a policy step. Because what needs to be done in policies to control
and overcome crime is an integrated approach between penal and non-formal
policies. This non-formal activity occupies a key and strategic position that must be
intensified and streamlined in controlling and overcoming crime, not eliminating
criminal law.