Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia

Research Article

Limitations for Formulation of Criminal Provisions in Regional Regulations

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  • @INPROCEEDINGS{10.4108/eai.28-5-2022.2320535,
        author={Rudi  Indrayani and Fajar Ari Sudewo and Achmad Irwan Hamzani},
        title={Limitations for Formulation of Criminal Provisions in Regional Regulations},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia},
        publisher={EAI},
        proceedings_a={MALAPY},
        year={2022},
        month={8},
        keywords={region regulation criminal},
        doi={10.4108/eai.28-5-2022.2320535}
    }
    
  • Rudi Indrayani
    Fajar Ari Sudewo
    Achmad Irwan Hamzani
    Year: 2022
    Limitations for Formulation of Criminal Provisions in Regional Regulations
    MALAPY
    EAI
    DOI: 10.4108/eai.28-5-2022.2320535
Rudi Indrayani1,*, Fajar Ari Sudewo1, Achmad Irwan Hamzani1
  • 1: Universitas Pancasakti Tegal
*Contact email: indriyani.rudi1976@gmail.com

Abstract

The purpose of this study is to examine the formulation of criminal sanctions in regional regulations and the obstacles to enforcement of criminal sanctions in regional regulations. The approach used in this research is the legal approach. This research data collection technique was carried out through conventional and online literature searches. The data analysis technique used in this study is qualitative because the data is presented in a narrative-descriptive manner. The results of the study show that criminal sanctions in regional regulations still emphasize retaliatory criminal sanctions which view that punishment is retaliation for mistakes. Ideal regional regulations, the content of which is both the formulation of criminal acts and the sanctions, is the elaboration of higher laws and regulations. The content must contain the conditions of the area concerned, do not conflict with the public interest and the laws and regulations above it and do not conflict with the authority that has been given, either by law or by codified criminal law. Violations of regional regulations that occur generally occur due to a lack of public awareness and participation in maintaining peace and public order. It is known that there is a Civil Servant Investigator in enforcing criminal sanctions in regional regulations. It can be seen the problems faced by Civil Servant Investigators in Tegal Regency in enforcing criminal sanctions in regional regulations.