Pattern of Weighting in Cases Outside the Criminal Code
DOI:
https://doi.org/10.30659/rlj.1.1.50-58Kata Kunci:
weighting pattern, case, criminal threat.Abstrak
The purpose of this study is to find out and analyze the pattern of criminal threats, especially the pattern of criminal aggravation in the law, as a consideration for experts in the formulation of laws in the future.The approach method used is a normative juridical approach, through the principles of both legal issues, theories, concepts and regulations related to the problem.. The result of this research is the pattern of weighting due to additional elements, which can be in the form of behavior (planning) or events arising from certain behaviors or consequences (severe injuries or death). In this case, the threat of general criminalization is actually not just a "sanction" that can be imposed by a judge that has been stipulated in the law, but is also a moral justification for criminalization, especially regarding what and what kind of punishment is appropriate and fair.
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