PERUMUSAN SANKSI PIDANA DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN

The formulation of criminal sanctions dealing with prohibition or order from the first norm or has agreement from the former of legislation. The agreement is a kind of criminal policy. In determining of criminal aspects in action is not difficult compared with how to determine the heavy criminal sanction. Recently, the formers of legislation are often influenced by their emotional to revenge prohibited action or ordered action with jail or the heavy fine, thats why people say that the formers of legislation still hold on retributive view. Whereas, in other countries especially in din developing countries have implemented restorative justice, for the light crimes, the victim has forgiven, the criminals are old, children or pregnant women. The criminal is a kind of implementation of criminal law in general people say as repressive action. Besides, having meaning for repressive action, criminal has also wide meaning for preventive action. In one hand, the criminal is used for improving behavior so that they do not do crime anymore.