Senin, 25 Juli 2011

REPEAT CRIMINAL ACTS


REPEAT CRIMINAL ACTS
(RESIDIVE)


By:

Atul Imro Mufidah CO2207029



CHAPTER I
INTRODUCTION

 BACKGROUND
Crime lately prevalent in our society both in the law enforcement officers, law enforcement and the ordinary people or small people. That can make us feel safe, comfortable, peaceful will live in this world. Criminality can grow because there are several kinds of reasons among which poverty, greed on the property commonly referred to corruption by the corrupt.
The law enforcement there is a back and forth to jail. Therefore, officials in the judiciary and make the convicted criminal punishment deterrent because they receive more weight than ever before with the Law of Repetition Crime (Residive) Repetition and the effects of Law Criminal Actions.

 THEOLOGICAL PROBLEM
In this paper there is a formulation of the problem are:
1. Understanding of the repetition of criminal acts such
2. As a result of repeated criminal acts of law
3. Form of repetition, and
4. Repetition of violations
Which I will explain in chapter pmbahasan this paper.



CHAPTER II
DISCUSSION

1. Repetition Understanding Crime
In the Criminal Code provisions on Residive contained in Article 486-488 which is the basis of weighting down the criminal. What is meant by Residive or repetition of criminal acts is the power of someone who repeats the crime after the judge sentenced the decisions that have permanent legal force for the criminal acts he had done earlier.
As mentioned also the explanations of the Criminal Code, the Residive bahwasanaya between committing a criminal one with the other existing judgments or fonis.
According to Prof. Dr. Meister D Schaff, Prof.. Dr. N Keijzer and Mr.E.PH. Sutoris about Residive repetition of criminal acts or has in common with perbarengan, because in Residive done also some criminal act. Special from Residive ie after the offender was tried for committing a criminal act in question committed a crime again.
In the "Book of Lessons Criminal Law" authored by Lamintang, SH and Simons, discussion of residive / repetition of acts can be punished. It is one of the hardest problems in science and criminal law to the legislators, because an increasing number of repeat criminal offenses in many different countries has shown that the existing regulations today is not sufficient to protect the public against the development of gewoonte-criminalitet (crime habit).
According to Pompe in the book "Criminal Law II", expressing that the difference between the combined and the repetition that is in terms of repetition is one person who has made consecutive multiple criminal events, but in terms of a combination between the two events had been committed. Perpetrators are not convicted because the event does criminal law in the first between the two events.
Said that the brief opinion Residive occurs when the same people again realize an offense that is mediated by a court decision which had been convict maker offense.
Different Residive with Concursus namely:
 The act had been committed and has been done and found guilty by a judge.
 repeated criminal acts have not been convicted guilty by a judge.
Thus, understanding Residive it is someone who repeats the behavior after the crime was sentenced by the judge's decision and Residive itself if the perpetrator who commits the same offense is mediated by the verdict.

2. Due to Legal Actions Repetition
Whoever committed the crime which he imposed sentence, within a certain time he was caught again for another criminal act, shows a bad character. Although he was never convicted, but he did not make repairs to that person. It can be said he was stubborn, fixed on the wrong road. Therefore, the law gives leeway to the judges to give heavier sentences to him again.
Repetition of the crime became one of the reasons to aggravate the sentence. The reason is caused by one of them is that in the first sentence has been fully implemented but has not hinted that the prisoner / actors that still dare to repeat his actions again. But not necessarily criminal repeater which both showed a mentalitet evil deeds on the larger, but often it turns out the responsibility for the events that have been done was not as great as the responsibility for the events of the first criminal, criminal events are often the first to bring bad consequences for the perpetrator it again, that his name be polluted ugly, lost his job so difficult social circumstances, attempt to make a living in a social situation so often forced, the perpetrator of criminal conduct events for the second time.
Besides these reasons, found another reason to aggravate the punishment that is done again / repeated the crime incident was unusual because it was felt that the criminal acts.
The legal consequences of repeating the crime stipulated in Article 2 paragraph 3 of the Criminal Code which reads: "Prison sentences should be imposed while forever 20 consecutive years in terms of welfare according to the choice of the judges themselves should be put to death, life imprisonment and imprisonment while and in 15 years plus a penalty because it exceeded due to a combination of crime or for repeatedly making the crime or because the rules of article 52 ".
In chapters 468-488 Criminal Code stated that the legal sanctions for the third repetition of criminal acts by these terms as follows:
a. Have undergone completely / partially imprisonment / punishment was abolished for him at all, or the right to run the sentence has not fallen because of the time too.
b. If a crime is not yet past 5 years since the penalty for a first offense.
Regarding the requirement that the first sentence served in full or in part should be in prison, because given a pardon / given a conditional release (waarde voor lijke invrij Heid Stelling), the prison sentence that has been assigned to live part of it.
Repetition period amounted to 5 years if a second offense is done, when after the lapse of five years after the defendant undergo a full / partial prison sentence imposed for a first offense, or he was released upon serving.
In the case of repetition of the stipulated penalty amount with him is as follows: The first sentence = 1 x 5 years, for the second sentence because the repetition becomes = (1 x 5) + (1 / 3 x 5) years = 11 years and 8 months in prison.
According to Barda Nawawi Arief residive argues that the issue needs to be reviewed specifically from the point of comparison because in the context of preparing a new Penal Code in Indonesia there is a tendency to make policy changes. The formulation has been formulated in terms of residive special rules that as an excuse for criminal offenses-weighting of certain offenses are scattered in Book II, the formulation of such policies will experience a change that is included in the general rules of Book I as an excuse criminal weighting of a general nature.
From a general overview residive familiar settings in various other countries of the Criminal Code was seen that there are countries that set them in a separate article with the special title (repented recidivism or crime) and some are set as one part of the reason for weighting down the criminal (ground for aggravating punishment) There are also other countries in addition to the usual set residive problems also regulate the shape of repetitions performed repeatedly (multi recidivism).

3. Various Various Forms of Repetition and Repetition Violation
A. Various Various Forms of Repetition
Forms of Repetition
In repetition we recognize three kinds of repetition, among others:
1). Repetition of common (generale residive)
General Residive or general repetition is an act if someone committed a crime, the crime has dropped a criminal and if after he is free to undergo criminal can commit a crime again is a form of crime of any kind, in this case can be used as a reason to aggravate the sentence.
Terms of General Residive, namely:
1. Repeating the same conduct or considered equal by the Act.
2. Between acts one after there has been a conviction.
3. Must be a prison sentence rather than a penalty.
4. No more than 5 years after the first act.
These conditions are contained in section 486-488 is commonly called Residive, of which the penalty plus a third that threatened punishment for each crime.
As a final note regarding Public Residive keep in mind that in connection with a grace period of punishment, there are several articles in the Penal Code that grace period is shorter than the sentence specified in section 486-488. The articles in question is 137 (2), 216 (3), 489 (2), 523 (2), 536 (2,3 and 4).
In these articles also mentioned or defined three groups. Offense-offense in each group of offenses that one does anymore is there are hundreds of judges or punishment, the three groups of the offense is:
 The crimes against property, and fraud (section 486) such as theft, embezzlement, and others.
 The crimes against the person (Article 487) for example: the persecution.
 crimes insult (Article 487)
By VOS prompted concern that Article 487 does not refer to Article 356 of the Criminal Code is a qualified (gekwali fi ceerde vorm) of the offense-offense listed in Articles 349 and 356 of the Criminal Code (abortion) but most of the grates, grates criminal law argued that the offense did -offense listed in Penal Code Article 349 and 356 after the holding penalty for one offense described in section 487 of the Criminal Code still might be one reason for the repetition. Under Article 86 of the Criminal Code trial (poging) or help (medeplich highcid) crimes mentioned in Articles 487-488 of the Criminal Code can be used as an excuse repetition.

2). Special Repetition (Specialle Residive)
Special Repetition (Specialle Residive), where the repetition is only repeated if it's some sort or a party or similar criminal acts for which he had imposed sentence, then in the sentencing rules needed Residive.
Special Residive deeds (Specialle Residive) must meet, among others:
 who repeated the same crime
 Between acts one after that has been found guilty.
 The offender committed as a livelihood.
 Repetition within a certain time.
a. 2 years stipulated in article 137, 144, 208, 216, 303, 615 and 321 of the Criminal Code.
b. 5 years provided for in article 155, 157, 161, 163, and 393 of the Criminal Code.
In terms of the four was confirmed that when the repetition count of the judge's decision is legally binding so it is not required if the type of criminal sentences imposed by judges and not also required if sanctions were already running or not in whole or in part.

3). Tussen stelsel
What is meant by Tussen stelsel is that if someone committed a crime, having been sentenced and decided to undergo free criminal, criminal act he repeated later again which is a particular class under the Act.
The types of crimes Tussen stelsel, among others:
 The crimes provided for in Article 486 in general about the objects and fraud.
 The crimes provided for in Article 487 in general wickedness of the people.
 The crimes provided for in Article 488 in general about the dignity of people.
Tussen stelsel terms, among others:
 The perpetrator remains committed a criminal act as provided in article 486, 487 and 488.
 Between acts one tired afterwards convicted.
 Criminal there must be criminal in prison.
 Repetition within a certain time.
- Not over 5 years
- Not running the offense through the first expiry date.
With the grace period means using Specialle Residive Resedive. But in the Penal Code also know the crimes that fall into certain categories (486-488), Indonesia is also taking Tussen stelsel.

B. Repetition of Infringement (Residive Violation)
As per the teachings Residive in violation of Book III can also be a Special Residive against certain violations. Several types of offenses when committed Residive may be the reason for the existence of criminal weighting, namely: 489, 492, 495, 512, 517, 544 and 530.
Requirements to Residive violation has been listed in each chapter are concerned. In general Residive violation requires the following:
1. Must already exist verdict.
2. Repeated violations which must be the same or similar to a previous violation.
3. The grace period
 Not to one year for violation of article 492, 495, 536 and 549.
 Not over two years for violation of article 512, 516, 517 and 530 of the Criminal Code.
Based not on what kind of criminal who had dropped earlier.
In the repetition of the violation as mentioned in article 488 that can also be an additional one-third of all the threatened punishment. So even jail sentences and fines can be coupled with a third.
In chapters 426 and 453 alone is known to a repetition of the meaning of the Act is if a chapter after breaking something, he commits another violation of the provisions of chapter something else. Moderate in article 439 and 471 all of which contain a formula more than an act can be punished, a sentencing for having one of the acts can be punished as stated in this formulation is adequate, within the legal sanctions of article 455 It is associated with a previous sentencing for violating Article 455 or has committed a crime as provided in 254. Within each chapter has its own set of consequences of penggulangannya. As the increase of the heaviest punishment. Replacement of the penalty with imprisonment, imposition of an additional penalty and also arranged independently of the expiration of a period of repetition.


CHAPTER III
CLOSING

Conclusion
Repetition of criminal acts (Residive) occur in someone who is committing a crime and been sentenced by a judge's decision which has permanent legal force, then committing a crime again. Just like in concursus relais, in residive occurred several felony. But in residive there has been a court decision that has been binding.
Residive is a reason that can aggravate punishment. For example, as provided for in article 12 of the Criminal Code that reason residive, imprisonment for up to 20 years may be decided, although in general the maximum imprisonment imposed for 15 years.
Residive not regulated in general in the Book I "General Rules", but arranged specifically for a particular group of crime either in the form of crime in Book I and Book II in violation. Thus, the Indonesian Criminal Code currently adopts a special residive, meaning that only criminal weighting imposed on certain types of criminal acts and performed in a certain period of time.




REFERENCES

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