PEMBERLAKUAN PIDANA BADAN DI PROVINSI NANGGROE ACEH DARUSSALAM BERDASARKAN PANDANGAN TUJUAN PEMIDANAAN DALAM HUKUM PIDANA INDONESIA

Abstract

Indonesian criminal law has the main legal source, namely theCriminal Code (KUHP). As the main legal source, the Criminal Codecan provide clear understanding of matters that are substantiallyrelated to Indonesian criminal law. One of these things is the purposeof punishment. The purpose of punishment is very important to belisted in the Criminal Code considering that criminal law has sharpsanctions, and is ultimum remedium or a last attempt to be imposedon a legal event. The purpose of criminal prosecution up to now is notexplicitly regulated in the Criminal Code. This can be a problemconsidering that the Criminal Code has several types of criminal actswhich, when implemented, require a goal so that the enforcementcan fulfill the expectations of the criminal law itself. In line with that,there is another problem related to the purpose of punishment andthe type of crime that applies to Indonesian criminal law. The problemis the implementation of a type of criminal in the Aceh Province whichis not at all listed on the type of Criminal Code but still appliespositively in the Aceh Province by taking into account the specialautonomy granted by the Republic of Indonesia to the Aceh Province.This type of criminal is a criminal body. Criminal bodies themselvesare born from a provision of Islamic law (Qanun) which is legitimizedby special autonomy into a legal provision and / or rule that has afunction and degree as well as regional regulations.