KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA PENJUALAN DARAH

ASMITA, ANES SEFTA and Febrian, Febrian and Nashriana, Nashriana (2018) KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA PENJUALAN DARAH. Master thesis, Sriwijaya University.

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Abstract

The criminal act of selling blood is part of a special criminal act regulated in Law No. 36 of 2009 concerning health. One of the means to overcome the crime of selling blood is by using criminal law, namely the penal policy. In connection with the criminal law policy used as a means of countering the crime of selling blood in this thesis, the formulation of the problem is: How is the formulation policy of the crime of selling blood in Indonesian positive law? What is the criminal application policy for the perpetrator in the case of selling blood? criminal sale of blood and the imposition of impending sanctions? The formulation of the problem was answered in this thesis research. This research was carried out with an approach. This type of research is a qualitative descriptive study to explain current and future problems. This research method is a normative juridical research method, with a statute approach, case approach, and conceptual approach. Legal material consisting of primary and secondary legal materials and analysis of legal materials in the form of court decisions. The results of this thesis research show that criminal law policy in tackling the crime of selling blood by means of penal means as outlined in Article 195 of Law Number 36 of 2009 concerning Health has weaknesses with very little imprisonment sanction, namely maximum imprisonment imprisonment 5 year. Criminal sanctions against criminals selling blood should be exacerbated by the threat of a minimum of 5 years imprisonment and a maximum of 10 years in prison, so that it can cause a "deterrent effect". Blood Sales Crime Should Also Be Entered into the Indonesian Criminal Code Draft in the future.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Criminal Law
Subjects:	K Law > K Law (General) > K1000-1395 Commercial law K Law > K Law (General) > K3601-3611 Medical legislation K Law > K Law (General) > K5015.4-5350 Criminal law
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Mr Halim Sobri
Date Deposited:	03 Oct 2019 02:40
Last Modified:	03 Oct 2019 02:40
URI:	http://repository.unsri.ac.id/id/eprint/10076

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