Student at Faculty of Law, Slamet Riyadi University, Indonesia
Student at Faculty of Law, Slamet Riyadi University, Indonesia
Student at Faculty of Law, Slamet Riyadi University, Indonesia
The cycle of legal culture in the criminal justice system, especially in imprisonment, has become a criminogenic factor. Prison is considered not as a solution to the problem of crime, but as The Graduate School of Crime. This is based on the notion of abolitionism that views the criminal justice system as a structural defect and the form of imprisonment as a form of social problem, so that an alternative punishment is needed. Short imprisonment such as 1 - 6 months will be too short for rehabilitation, too long for corruption, where short imprisonment will lead to large fraud, this is due to the influence of social interaction in the prison. Some alternatives of fines, supervision punishment, social work punishment, prevention and execution of punishment at night because the use of fines tends to be more effectively used because it can provide additional income for the state unlike imprisonment which pressures the state treasury. This discussion is elaborated using the content of Laurence Meir Friedman Theory which discusses related to legal substance, legal structure and legal culture.
Article
International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 309 - 320
DOI: https://doij.org/10.10000/IJLMH.118001This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021