FORMULATION OF ASYMMETRIC CRIMINAL SANCTIONS: INDONESIAN EXPERIENCE

Abstract

This study aims to analyze the formulation of criminal sanctions in the job creation law cluster based on the concept of punishment. It is a normative legal research with statutory and conceptual approach. The findings of this study are 1) formulation of criminal sanctions in the job creation law put aside the provisions stipulated in the law for the formation of laws and regulations that criminal provisions are placed in specific chapters, rather than spread out in various chapters; 2) there is no pattern in the formulation of criminal sanctions in the job creation law, which is reflected in the nonuniform use of the term threatened and without the phrase being threatened in the formulation of the norm of criminal sanctions, in addition to that there is ambiguity about the reference article regulating the qualifications of criminal acts; the occurrence of disparity in sanctions that the impact caused by a criminal act should be equivalent to the imposition of criminal sanctions.