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Journal articles on the topic 'Criminal Fines'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Wulandari, Putri Ayu, and Mochammad Zaidun. "The Replacement of Criminal Fine in Criminal Taxation." Yuridika 35, no. 1 (2019): 113. http://dx.doi.org/10.20473/ydk.v35i1.15749.

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The absence of provisions regulating the substitution of criminal fines in the KUP Law, raises legal uncertainty for law enforcement officials, especially prosecutors in executing court decisions. Considering the recovery of state financial losses that can be resolved by the consistency of court decisions, so the provisions in the KUP Law must meet the legal principles in criminal fines in criminal taxation acts. By not clearly stipulated the substitution of criminal fines in the KUP Law raises legal uncertainty. While substituting criminal fines in the KUP Law is only in the form of imprisonm

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2

Nugroho, Fiska Maulidian. "Mengganti Kerugian Ekologi melalui Perspektif Pidana Denda." Journal of Economic and Business Law Review 4, no. 2 (2024): 156. https://doi.org/10.19184/jeblr.v4i2.53373.

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The pattern of punishment through fines is not widely discussed, especially for law enforcement in the natural resources regime. Fines are always formulated together with other criminal threats, namely imprisonment because of its nature as a form of basic punishment. However, when the fine punishment is faced with acts that cause natural resources losses, the fine punishment has not been seen as a frightening threat or even more deterrent. Therefore, it is important to have a legal concept in a criminal perspective as a replacement for ecological damage. The purpose of this research is to find

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3

Robert W., Gillespie. "Criminal Fines: Do They Pay?" Justice System Journal 13, no. 3 (1988): 365–78. http://dx.doi.org/10.1080/23277556.1989.10871108.

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Anugrah, R'lalana Sebayang, Sunaryo, and Siswanto Heni. "Balancing Justice: Reforming Indonesia's Legal System Through Fines as a State Debt." International Journal of Social Science and Human Research 08, no. 05 (2025): 2998–3003. https://doi.org/10.5281/zenodo.15429446.

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The recent adjustments in legal provisions outside the Criminal Code aim to align criminal fines with the current rupiah rate. However, this resulted in fines appearing as administrative formalities, as the imposed amounts seem irrational in comparison to imprisonment as a substitute. Court decisions dictate that failure to pay fines leads to the confiscation and auctioning of the defendant's assets. If the defendant lacks sufficient assets, imprisonment for the remaining unpaid fine is imposed. These decisions perceive fines as a debt to the state. This article explores two key discussions: (

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5

Garrett, Brandon L. "Spiraling Criminal Debt." Federal Sentencing Reporter 34, no. 2-3 (2022): 92–97. http://dx.doi.org/10.1525/fsr.2022.34.2-3.92.

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The scale of criminal debt in the United States has exploded, with local, state and federal court imposing billions in fines and fees on people in criminal cases. If the person lacks the ability to pay or does not pay the fines, still additional financial penalties can result. Legal consequences of non-payment can in turn result in a person’s loss of a range of other rights, including employment, housing, public assistance, driver’s licenses, and voting rights. The extent of this problem of spiraling criminal debt has been increasingly well-documented and the subject of law and policy reform.

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Homer, Emily M., and George E. Higgins. "Corporation blameworthiness and federal criminal fines." Journal of Financial Crime 27, no. 2 (2020): 413–22. http://dx.doi.org/10.1108/jfc-01-2019-0010.

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Purpose The purpose of this paper is to assess if federal judges have sentenced criminal corporations to fines that are consistent with the seriousness of the offense and the blameworthiness of the organization, which would be in line with the directives from the US Sentencing Guidelines. This paper will also use the focal concerns framework to measure organizational blameworthiness. Design/methodology/approach This paper uses secondary data from federal sentencing documents, collected by the US Sentencing Commission, for cases that were adjudicated between October 1, 2010 and September 30, 20

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7

Sautma, Anggiat, Sigid Suseno Suseno, and Amelia Cahyadini Cahyadini. "Criminal Fines Issuing Tax Invoices Not Based on Actual Transactions with More than One Perpetrator." JUSTISI 11, no. 1 (2025): 281–98. https://doi.org/10.33506/js.v11i1.3849.

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Criminal fines in the case of issuance of tax invoices that are not based on actual transactions (TBTS) aim to recover losses of state revenue, but in the event that there is more than one perpetrator, the fines applied cannot be applied equally to each perpetrator because the fines applied become multiple. This writing is prepared to analyze the application of criminal fines for the issuance of TBTS tax invoices involving more than one perpetrator in the perspective of legal objectives. The research method used is normative legal research with a case study approach and a conceptual approach u

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8

Muyassarotussolichah, Muyassarotussolichah. "Abortus Provokatus Dalam Perspektif Yuridis." Musãwa Jurnal Studi Gender dan Islam 2, no. 2 (2003): 161. http://dx.doi.org/10.14421/musawa.2003.22.161-175.

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In the Indonesian Code of Criminal Law (KUHP) abortus provocatus criminalis is forbidden and subject to a criminal punishment regardless of the circumstances under which it is conducted. This punishment applies both to the person who undergoes the abortion and also to those persons who assist. This is regulated in passages 346, 347, 348 and 349 of the Criminal Code. Meanwhile in Law No. 23 of 1992, passage 15 in conjunction with passages 80, 81 and 82 which concern health, an exception is made concerning abortion for medical reasons, also known as abortus provocatus medicinalis. The legal sanc

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9

Herman, Rizki. "Legitimacy of Criminal Law in Lieu of Fines in Corruption." Estudiante Law Journal 4, no. 2 (2022): 264–80. http://dx.doi.org/10.33756/eslaj.v4i2.16214.

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This study aims to analyze the criminal regulation of confinement in lieu of fines in criminal law in Indonesia, as well as to examine whether the application of imprisonment is a substitute for fines in corruption by law enforcement in Indonesia. This type of research in writing this proposal is a normative juridical research method. The approach used in this study is statutory. The results show that law enforcement refers to the provisions of criminal confinement, which are contained in Article 10 of the Criminal Code, which then substitutes for imprisonment in Article 30 and Article 31 of t

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10

Coşgel, Metin M., Boǧaç Ergene, Haggay Etkes, and Thomas J. Miceli. "Crime and Punishment in Ottoman Times: Corruption and Fines." Journal of Interdisciplinary History 43, no. 3 (2012): 353–76. http://dx.doi.org/10.1162/jinh_a_00422.

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Ruling for more than six centuries over lands that spanned three continents, the Ottomans developed a system of law enforcement that initially relied on fines collected by local agents. In the sixteenth century, much of the revenue from these fines went to the local officials in charge of identifying suspects and punishing criminals. To prevent corruption, the personnel responsible for adjudicating criminals were not also responsible for punishing them; public officials were periodically rotated between regions; and law-enforcement agents' compensation derived from criminal fines as well as lo

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11

Sinurat, Aksi. "Implementation of Criminal Fines Based on the Criminal Code and Applicable Laws and Regulations in the District Court of Timor." Journal of Lifestyle and SDGs Review 5, no. 2 (2025): e03848. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe03848.

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Objective: The objective of this study is to investigate fines as a criminal sanction, to examine fines as a cumulative option in the applicable laws and regulations, and also in the context of imposing criminal sanctions in the courtroom, but it was not executed or not implemented in court decisions. Theoretical Framework: In this topic, the main concepts and theories that underpin the research are presented. [List relevant theories, models or frameworks] stand out, providing a solid basis for understanding the context of the investigation. Method: This research uses empirical legal research

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12

Irawan, Agung. "PERANAN KEJAKSAAN DALAM IMPLEMENTASI PENEGAKAN HUKUM PERATURAN MAHKAMAH AGUNG RI NOMOR : 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP TERHADAP PENYELESAIAN TINDAK PIDANA HARTA KEKAYAAN (DALAM SISTEM PERADILAN PIDANA DI INDONESIA)." Riau Law Journal 3, no. 2 (2019): 244. http://dx.doi.org/10.30652/rlj.v3i2.7813.

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This study aims to find out and understand how the Duties and Authority of the Prosecutor's Office in Applying the Republic of Indonesia Supreme Court Regulation number: 02 of 2012 concerning the adjustment of minor criminal offenses and the amount of fines in the Criminal Code in relation to cases of minor criminal offenses. (Case Study of Theft Case in the Kampar District Prosecutor's Office) and What are the obstacles and obstacles faced by the Research Prosecutor in Applying the Republic of Indonesia Supreme Court Regulation No. 02/2012 concerning the adjustment of minor criminal offenses

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13

Sinurat, Aksi. "The Existence of Criminal Fine and Payment of Replacement Money in Enforcing Corruption Criminal Laws in the Corruption Court in Kupang, Indonesia." Journal of Law and Sustainable Development 12, no. 1 (2024): e3148. http://dx.doi.org/10.55908/sdgs.v12i1.3149.

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Objectives: The primary objectives of this research are to identify and address the factors hindering the effective implementation of criminal fines and compensation payments in the context of combating corruption. Specifically, the research aims to identify obstacles to the enforcement of criminal fines and compensation payments in combating corruption, optimize criminal sanctions related to fines and compensation payments to contribute to the restitution of state finances, and propose a more balanced approach to punishment, particularly concerning fines with subsidiary imprisonment and compe

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14

Utomo, Sulistyo, and Ira Alia Maerani. "Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi." Jurnal Daulat Hukum 2, no. 4 (2020): 571. http://dx.doi.org/10.30659/jdh.v2i4.8351.

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This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and sy

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15

Iwan, Yuhandri, and Prasetyo2 Handoyo. "Application of Criminal Substitution Fines in the Form of Confiscation ofthe Convicted's Assets in Taxation Crimes." International Journal of Social Science and Human Research 04, no. 05 (2021): 1035–43. https://doi.org/10.47191/ijsshr/v4-i5-18.

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The Law on General Provisions and Procedures for Taxation (UU KUP) does not regulate the confiscation of convicted assets in lieu of fines as well as criminal confinement in lieu of fines. This led to a different opinion among the judges in handing down the verdict, thus causing legal uncertainty. The method used in this writing uses a type of normative legal research, with a statute approach and case approach, using primary legal materials, by collecting data on a library research basis, then analyzed using qualitative methods. Judges in imposing criminal substitute fines in the field of taxa

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Mohamad, Sofyan Iskandar Alam, and Prasetyo Handoyo. "Corporate Responsibility in Tax Crimes (Analysis of Criminal Decisions Number 334 / PID.SUS / 2020 / PN.JKT.BRT)." International Journal of Social Science And Human Research 05, no. 07 (2022): 3073–76. https://doi.org/10.5281/zenodo.6844639.

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Criminal sanctions for corporations are generally not in the form of a single sanction. In addition to fines, confiscation, as well as various prohibitions for corporations are sanctions that are considered effective. Sanctions of prohibition in its various forms can be referred to as corporate imprisonment. In addition, additional sanctions in the form of announcements of judges' decisions can increase the coercive power to prevent criminal acts from being committed by corporations, but in practice, tax cases often do not involve corporations as legal subjects and criminal liability only

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17

Wils, Wouter P. J. "The Increased Level of EU Antitrust Fines, Judicial Review and the ECHR." World Competition 33, Issue 1 (2010): 5–29. http://dx.doi.org/10.54648/woco2010002.

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Some lawyers and businesses have claimed that, because of an increase in the level of antitrust fines imposed by the European Commission in recent years, these fines have become criminal in nature and that the current institutional and procedural framework in which fines are imposed by the European Commission, with subsequent judicial review by the EU Courts, is no longer compatible with the European Convention on Human Rights (ECHR). This paper critically examines those claims. The main point to be retained is that the case law of the European Court of Human Rights distinguishes between, on t

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18

Urusov, A. A. "The Proportionality Between the Size of the Fine and the Category of Crime." Siberian Law Review 22, no. 2 (2025): 282–93. https://doi.org/10.19073/2658-7602-2025-22-2-282-293.

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This study aims to identify and analyze the challenges associated with imposing and enforcing criminal penalties in the form of fines. Like any form of punishment, the fine must serve the core objectives of the penal system: restoring social justice, preventing future offenses, and rehabilitating the offender. The effectiveness of these objectives is directly linked to the fairness of the sentence imposed. The research reveals that fines occupy fourth place in frequency among all types of imposed criminal penalties. However, their application does not always succeed in achieving the intended p

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Syafi’i, Muhammad Dzikri Akbar, Firman Arif Pribadi, and Saiful Abdullah. "Criminal Conviction of Child Traffic Offenders Reviewed From The Juvenile Criminal Justice System." Trunojoyo Law Review 4, no. 1 (2022): 1–18. http://dx.doi.org/10.21107/tlr.v4i1.16235.

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Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (hereinafter referred to as the SPPA Law) which is a formal criminal law for children specifically regulates punishment that can be imposed on children. The criminal sanctions stipulated in the SPPA Law are different from the criminal sanctions in the Criminal Code. The criminal sanctions contained in Article 71 do not include criminal sanctions of confinement and criminal sanctions of fines, nor does the SPPA Law specifically regulate criminal sanctions in lieu of imprisonment and fines. This is a problem related to childre

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20

Mitrović, Ljubinko. "Penalty of the Prison in the Republic of Srpska With Special Review at its Application in Practice of the District Court in Banja Luka // Kazna zatvora u Republici Srpskoj s posebnim osvrtom na njenu primjenu u praksi Okružnog suda u Banjoj Luci." Годишњак факултета правних наука - АПЕИРОН 9, no. 9 (2019): 35. http://dx.doi.org/10.7251/gfp1909035m.

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Penalties for all modern criminal legislation are particularly regarded as fines for deprivation of liberty of various modalities - imprisonment, long-term imprisonment, juvenile imprisonment or life imprisonment. These are very often applied, special penalties that consist of depriving the perpetrator of the freedom of movement for the perpetrator of a criminal offense in a court decision for a certain time and its placement in a special institution or penitentiary institution from the system of these institutions of a particular state. Similarly with Republika Srpska, whose latest criminal l

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21

Azizi, Yunharadi Muhammad. "GAGASAN MODEL ALTERNATIF PENYELESAIAN PERKARATINDAK PIDANA PENCURIAN DENGAN MENERAPKAN KONSEP RESTORATIF JUSTICE DIKAITKAN DENGAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAMKUHP." Jurnal Ilmu Hukum 8, no. 2 (2019): 316. http://dx.doi.org/10.30652/jih.v8i2.7694.

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Position of Supreme Court Regulation No. 2 of 2012 concerning Adjustment of Limits of Mild Crime and Number of Fines in the Criminal Code in the Criminal Justice System in Indonesia, its existence has been clear where the existence of the Supreme Court Regulation is one type of legislation. The Idea of Alternative Model of Settlement of Theft Crime Case by Applying the Restorative Concept of Justice Associated with the Supreme Court Regulation Number 2 of 2012 Concerning the Adjustment of Mild Criminal Actions and the Amount of Fines In the Criminal Code which is appropriately related to the r

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22

Tatik Sunatri, Aghia Khumaesi Suud, and Penny Naluria Utami. "Analyzing the Enforcement of Fines on Foreign Offenders of Fisheries Crimes in the Indonesian Exclusive Economic Zone (IEEZ)." Jurnal IUS Kajian Hukum dan Keadilan 12, no. 3 (2024): 487–501. https://doi.org/10.29303/ius.v12i3.1231.

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Indonesia has vast and diverse fisheries potential, as the sea accounts for approximately 70 percent of the territory. Consequently, numerous foreign nationals sail in the Indonesian Exclusive Economic Zone (IEEZ) for fishing and many of them violate the regulations concerning resource utilization, conservation, and management within the IEEZ. However, based on the current legal provisions, foreign offenders are only subject to monetary fines or, in some cases, imprisonment. Regrettably, in practice, many foreign suspects fail to pay the imposed fines or opt for imprisonment as a substitute, b

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23

Rivai, Yasdan, Teguh Prasetyo, Tommy Leonard, and Azharudin . "Exploring with Dignified Justice Theory Substitute Imprisonment Fines for Corruption Convicts." International Journal of Religion 5, no. 12 (2024): 1069–79. http://dx.doi.org/10.61707/jypeep86.

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General provisions on criminal fines and their subsidiarity are contained in Article 30 of the Criminal Code. Article 30 paragraph (2) of the Criminal Code contains the possibility of substituting a fine with imprisonment. If the fine is not paid by the convict, this generally includes those convicted of corruption. The principle of imprisonment in lieu of a fine in Article 30 paragraph (2) is not found in Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption (Corruption Law) . However, so far

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Kartono, Kartono. "Pembatasan Sosial Berskala Besar (PSBB) Dan Pidana Denda Dalam Rangka Pencegahan dan Pemberantasan Pandemi Coronavirus Disease (Covid)-19." SALAM: Jurnal Sosial dan Budaya Syar-i 7, no. 8 (2020): 687–94. http://dx.doi.org/10.15408/sjsbs.v7i8.16550.

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AbstractThe trend of the spread of Coronavirus (Covid)-19 which continues to soar has an impact on society for health, peace and safety of the soul. Public awareness and compliance with laws and regulations and the government's call for a Large-Scale Social Restrictions (PSBB) policy are important not to be violated or ignored. The application of criminal sanctions for fines is an alternative sanction in law enforcement so that people are deterred, educated and as a means of government social control. The research method is normative juridical supported by empirical research using secondary da

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Nurdiansyah, Ervin Faizal. "Application of Criminal Sanctions Against The Crime of Child Rape Linked with Article 82 of Act No. 35 of 2014 Concerning The Protection of Children." Jurnal Daulat Hukum 1, no. 3 (2018): 731. http://dx.doi.org/10.30659/jdh.v1i3.3384.

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This study aimed to analyze the application of criminal sanctions against child rape. Legal issues that arise in this research include: How the application of criminal sanctions against criminal fines rape of children in the jurisdiction of Polresta Cirebon, and How the effectiveness of the application of criminal sanctions against perpetrators of child rape fines in Polresta Cirebon Jurisdiction. This research is a normative law and empirical legal research based on the consideration that in addition to leaving of the Act, the researchers also explored what is in the field related to the titl

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Arsensius, Ricarda, Handoyo Prasetyo, and Slamet Tri Wahyudi. "Local Wisdom in The Process of Criminal Law Enforcement in Papua (Case Study Of Handling Criminal Actions Preceded by Traditional Fine in Wamena, Jayawijaya District)." MSJ : Majority Science Journal 2, no. 2 (2024): 281–91. http://dx.doi.org/10.61942/msj.v2i2.186.

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Papua has vital ethnic, cultural and local wisdom. Indigenous communities in Papua have a legal system and social institutions that have been passed down from generation to generation, including resolving conflicts or violations through the mechanism of customary fines (compensation) imposed by customary institutions. In some cases, customary fines imposed by customary institutions for acts categorized as criminal acts in national law are a consideration for law enforcement officials in handling these cases. This shows the integration between customary law and national criminal law in the law

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Anoschenkova, Svetlana. "Filling gaps in legislation to determine the amount of a judicial fine." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 3 (2023): 108–16. http://dx.doi.org/10.35750/2071-8284-2023-3-108-116.

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Abstract: Introduction. Judicial fine is one of the latest innovations included by the legislator in Section VI of the Criminal Code of the Russian Federation «Other Measures of Criminal Legal Nature». During the five years of its operation, the institution of the judicial fine, as part of the institution of exemption from criminal liability under Article 762 of the Criminal Code of the Russian Federation, has demonstrated its viability; legal practice has shown the ever-increasing demand for this institution. One of the practical challenges is determining the amount of the judicial fine. Part

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28

Walker, Evan. "Legal Financial Obligations (LFOs) as Taxes, Regulatory Fees, or User Charges? An Analysis of Washington’s Criminal Legal System LFO Revenue." Federal Sentencing Reporter 34, no. 2-3 (2022): 175–85. http://dx.doi.org/10.1525/fsr.2022.34.2-3.175.

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Under Washington state law, legal financial obligations (LFOs) are assessed to people that “use” the criminal legal system across the state. State courts have ruled on how taxes, fees, and user charges are assessed upon residents; however, imposition of LFOs is predominantly at judicial discretion and under a broad statutory scheme of criminal punishment for victim restitution and government revenue generation. State jurisprudence of taxes and user charges offers clarity to how LFOs can be more equitably and efficiently organized and imposed by courts across Washington. This paper expands on t

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Auliya, Nur Habib, and Setiyono Setiyono. "Kebijakan Hukum Pidana Kurungan sebagai Pengganti Pidana Denda dalam Perkara Tindak Pidana Korupsi." MLJ Merdeka Law Journal 2, no. 2 (2022): 72–86. http://dx.doi.org/10.26905/mlj.v2i2.7159.

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This article aims to examine and analyze the regulation of fines in the Anti-Corruption Law, and future legislative policies regarding imprisonment as a substitute for fines in corruption cases. This research includes normative legal research (doctrinal) with a legal approach. The results show that the policy of determining the amount of fines clearly deviates from the policy of the Criminal Code as its parent law, both in terms of the number/size which has increased many times, as well as the adoption of a Special Minimum System in addition to a Special Maximum. In terms of determining the am

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Maratun Saadah, Ishaq,. "Islamic Law Analysis of Criminal Sanctions for Abortion in the Criminal Code: A Call for Reform." Psychology and Education Journal 58, no. 1 (2021): 5398–407. http://dx.doi.org/10.17762/pae.v58i1.1797.

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This study aims to contribute to Islamic law regarding the criminal sanction of abortion in the Criminal Code (KUHP) as an effort to reform Indonesian criminal law. The method used is comparison, with data collection carried out by library research, by studying Islamic legal literature, interpretation of the Quran (tafsir), hadith, Criminal Code, and the Draft of Criminal Code. The sanctions for abortion in articles 346, 347, 348 and 349 of the Criminal Code are only imprisonment, not accompanied by fines. According to Islamic law these sanctions are not sufficient, because they tend to make t

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Sari, Meli Indah, and Hafrida Hafrida. "Penerapan Pidana Penjara Sebagai Pengganti Pidana Denda dalam Putusan Perkara Tindak Pidana Narkotika." PAMPAS: Journal of Criminal Law 1, no. 1 (2021): 38–53. http://dx.doi.org/10.22437/pampas.v1i1.8260.

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ABSTRAK  Tujuan Penelitian ini adalah untuk mengetahui dasar pertimbangan hakim dalam penerapan pidana penjara sebagai pengganti pidana denda dalam putusan kasus narkotika. Penelitian ini merupakan penelitian yuridis normatif yaitu dengan mempelajari peraturan perundang-undangan yang berlaku yang berhubungan dengan putusan pengadilan tentang tindak pidana narkotika. Hasil penelitian ini menunjukkan bahwa akumulasi antara pidana penjara dan pidana denda dalam undang-undang narkotika ini belum efektif karena dalam penerapannya pidana denda tidak pernah dibayarkan oleh pelaku. Pelaku lebih

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Yusuf, Hambali, and Saifullah Basri. "MODEL PENYELESAIAN ALTERNATIF PERKARA PIDANA DALAM HUKUM ISLAM DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM PIDANA INDONESIA." Jurnal Ilmiah Hukum LEGALITY 26, no. 1 (2018): 53. http://dx.doi.org/10.22219/jihl.v26i1.6614.

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Many criminal cases that are not resolved either at the level of appeal or cassation level is an indication that there are problems in law enforcement. Islamic Criminal Justice provides much alternative settlement of criminal cases by maintaining a balance of the interests of the victim, the community, the State and the offender. This research aims to analyze the model, explain the alternative settlement of criminal cases in the Islamic law; how setting the model settlement of criminal cases in the Islamic law can be used as a model settlement of criminal cases in the criminal law of Indonesia

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Mustofa, Mustofa, and Siti Rodhiyah. "CRIMINAL SANCTIONS OF FINES AND REPLACEMENT MONEY IN CORRUPTION CRIMINAL ACTS FROM THE PERSPECTIVE OF LEGAL JUSTICE." Jurnal Hukum Khaira Ummah 19, no. 3 (2025): 352. https://doi.org/10.30659/jhku.v19i4.43168.

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Purpose of sanctionscriminal fines and compensation in corruption crimeslegal justice perspective. Research methods usedNormative juridical uses three research approaches: the statute approach, the conceptual approach, and the comparative approach.Results of the research on sanctionscriminal fines and compensation in corruption crimesdoes not provide legal justice and a deterrent effect for perpetrators of corruption, because the fine imposed can be replaced with imprisonment and the length of imprisonment does not correspond to the amount of state financial losses. The law is said to provide

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Arek, Bambang Lasimin, and Umar Ma'ruf. "Criminal Responsibility of Criminals Defamation on Advocate Name." Jurnal Daulat Hukum 3, no. 4 (2021): 419. http://dx.doi.org/10.30659/jdh.v3i4.13622.

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The purpose of this research is to know and understand the legal responsibility of the criminal defamation against lawyers according to Islamic criminal law, to know and understand the legal responsibility of the criminal defamation against lawyers according to Indonesian criminal law as well as to know, understand and analyze the legal accountability of the perpetrators criminal defamation against advocates at the Law Supremacy & Associate law office in Police Report Number: LP / B / 115B / XI / 2019 / Jabar according to Islamic criminal law and Indonesian criminal law. The approach metho

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Supriyanto, Hadi. "The nature of corporate crime in law enforcement of the criminal justice system in Indonesia." Jurnal Hukum Volkgeist 4, no. 2 (2020): 166–79. http://dx.doi.org/10.35326/volkgeist.v4i2.670.

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Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. There

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Elpina, Elpina, and Mariah Sonanggok Purba. "THE NARCOTICS ABUSE TERM WEAKNESSES IN CRIMINAL LAW ENFORCEMENT OF INDONESIA." Jurnal Pembaharuan Hukum 8, no. 1 (2021): 34. http://dx.doi.org/10.26532/jph.v8i1.14547.

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A crime of narcotics abuse has experienced an alarming development, one of which is the increasing factor of narcotics abuse, one of which is the legal vacuum in law enforcement against drug abuse. The approach method used uses a normative juridical approach, the research results obtained are the weaknesses of narcotics criminal law enforcement include: (a) in the formulation of criminal sanctions, namely most of the criminal sanctions in Act No. 35 of 2009 are formulated cumutatively, in the formulation of the most cumulations are between imprisonment and sufficient fines. large, there are no

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Hagos, Lula. "Debunking Criminal Restitution." Michigan Law Review, no. 123.3 (2025): 469. https://doi.org/10.36644/mlr.123.3.debunking.

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Criminal restitution—the money paid by a defendant to a victim—is often overlooked amidst growing scholarly consensus about the adverse impact of criminal court fines and fees. Restitution receives less attention because it is perceived as a fair and unobjectionable sanction with legitimate goals, while fines and fees are now widely condemned as primarily serving as a funding source for local and state governments. Consequently, the animated and extensive discourse around financial punishment largely excludes criminal restitution. Though criminal restitution may appear to have legitimate penol

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Shookhoff, Alexandra, Robert Constantino, and Evan Elkin. "The Unintended Sentence of Criminal Justice Debt." Federal Sentencing Reporter 24, no. 1 (2011): 62–65. http://dx.doi.org/10.1525/fsr.2011.24.1.62.

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Increases in both the number and amount of court fees, fines, and surcharges—regardless of offenders' ability to pay—have become standard practice in courthouses throughout the United States. A recent report from the Brennan Center for Justice, as well as several others, have shown that imposing criminal justice debt can interfere with reentry and rehabilitation. In response to this identified problem, the Vera Institute of Justice is exploring a potential demonstration project that would help jurisdictions generate revenue and hold offenders accountable for their crimes without the unintended

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Volevodz, Alexander, Dmitriy Ivanov, Sergey Polyakov, Viktor Bezryadin, and Vladislav Alyshkin. "Termination of a Criminal Case (Criminal Prosecution) Due to the Imposition of a Court Fine." Jurnal Cita Hukum 11, no. 2 (2023): 255–66. http://dx.doi.org/10.15408/jch.v11i2.34007.

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Criminal cases in Russia often hinge on a critical decision during the preliminary investigation stage: whether to proceed to trial or terminate the case. While various grounds for termination exist, one central condition revolves around the compensation or reparation for harm caused by the crime. This article examines the termination of criminal cases through court fines to compensate for the damage caused by crimes. The research utilizes the general scientific method of cognition for detailed examination and analysis, the systematic approach method for procedural considerations, and methods

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Stark, Andrea Bopp, and Geoff Walsh. "Sentenced to a Life of Debt." Federal Sentencing Reporter 34, no. 2-3 (2022): 128–38. http://dx.doi.org/10.1525/fsr.2022.34.2-3.128.

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This article examines the provisions of the U.S. Bankruptcy Code that except fines and penalties from the broad discharge of debts that individuals receive upon completion of a bankruptcy case. In its 1986 decision in Kelly v. Robinson the Supreme Court overrode the plain statutory language of the Code and extended the discharge exception to a restitution debt. The Court justified its action as deference to the interest of states in formulating laws designed to punish, deter, and rehabilitate offenders. In the wake of Kelly v. Robinson, debts characterized as fines, penalties, and restitution

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Febrian, Febrian, Lusi Apriyani, and Vera Novianti. "Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States." Sriwijaya Law Review 5, no. 1 (2021): 143. http://dx.doi.org/10.28946/slrev.vol5.iss1.881.pp143-162.

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In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million ru

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Cahyani, Ana Indah, Yulia Monita, and Elizabeth Siregar. "Pidana Denda sebagai Alternatif Pemidanaan pada Tindak Pidana Kekerasan dalam Rumah Tangga." PAMPAS: Journal of Criminal Law 1, no. 2 (2021): 176–92. http://dx.doi.org/10.22437/pampas.v1i2.9560.

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ABSTRAK Artikel ini bertujuan untuk mengetahui dan memahami pengaturan sanksi pidana dalam kasus kekerasan dalam rumah tangga menurut Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga berikut dan implementasi pidana denda sebagai alternatif pemidanaan pada tindak pidana kekerasan dalam rumah tangga. Dengan menggunakan metode yuridis empiris, penelitian menunjukkan bahwa pidana denda sebagai alternatif pemidanaan pada tindak pidana kekerasan dalam rumah tangga belum terlaksana. Pidana denda sebagai alternatif pidana penjara pada tindak pidana kekerasan dalam rum

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Zvonov, Andrei. "The Institute of Monetary Penalties in Criminal Law: Condition and Prospects." Russian Journal of Criminology 12, no. 4 (2018): 583–89. http://dx.doi.org/10.17150/2500-4255.2018.12(4).583-589.

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Ever since the Criminal Code of the Russian Federation was adopted, new amendments have been added to it every year. Thus, the system of criminal law measures has been regularly improved through changes to the existing norms, the abolishment of old norms and the introduction of new ones. On the whole, modern Russian criminal policy is aimed at increasing the number of possible measures of influencing lawbreakers. One of the latest innovations is the institute of court fines introduced by the Federal Law № 323-ФЗ of July 3, 2016. It is a beneficial innovation. Monetary penalties can now be used

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Appleman, Laura I. "The Burden of Criminal Justice Debt in Federal Community Supervision." Federal Sentencing Reporter 34, no. 5 (2022): 290–94. http://dx.doi.org/10.1525/fsr.2022.34.5.290.

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The federal criminal justice system routinely requires convicted individuals to pay fines, restitution, and special assessments as part of their sentence. These criminal justice payments are an obligatory condition of federal community supervision, which a vast majority of convicted individuals are compelled to undergo. Although some of these legal financial obligations are intended to hold people accountable for criminal behavior and address crime victims’ financial losses, they also create a significant barrier to supervision success by imposing heavy economic burdens on those least able to

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Y, Sri Pudyatmoko, and Aryadi G. "Problems in the Application of Fines for Unlicensed Mining after the Amendment of the Mineral and Coal Law in Indonesia." International Journal of Social Science and Human Research 08, no. 05 (2025): 3076–83. https://doi.org/10.5281/zenodo.15449592.

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The purpose of this study is to analyze the problematic threat of criminal fines in the amendment of the Law on Mineral and Coal. One of the striking things in the amendment of the Law on Mineral and Coal is the change in the threat of criminal sanctions against unlicensed mining actors, from the original maximum imprisonment of 10 years to 5 years, and a maximum fine of 10 billion rupiah to 100 billion rupiah.This paper examines the regulation and its application in practice. This paper conducts doctrinal research and compares a number of judicial decisions. From the research, it is known tha

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Ahmad, Fitri Mazlam, Nural Jawahir Hj Wan Yussof Wan, and Mamat Rabiei. "Estimation of fines amount in syariah criminal offences using adaptive neuro-fuzzy inference system (ANFIS) enhanced with analytic hierarchy process (AHP)." International Journal of Electrical and Computer Engineering (IJECE) 9, no. 6 (2019): 5537–44. https://doi.org/10.11591/ijece.v9i6.pp5537-5544.

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All syariah criminal cases, especially in khalwat offence have their case-fact, and the judges typically look forward to all the facts which were tabulated by the prosecutors. A variety of criteria is considered by the judge to determine the fines amount that should be imposed on an accused who pleads guilty. In Terengganu, there were ten (10) judges, and the judgments were made by the individual decision upon the trial to decide the case. Each judge has a stake, principles and distinctive criteria in determining fines amount on an accused who pleads guilty and convicted. This research paper p

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Naibaho, Hasiholan, Isnaini Isnaini, and Marlina Marlina. "Akibat Hukum Berlakunya Perma Nomor 02 Tahun 2012 Tentang Penyesuaian Batasan Tindak Pidana Pencurian Ringan Dan Jumlah Denda Dalam KUHP." Journal of Education, Humaniora and Social Sciences (JEHSS) 4, no. 2 (2021): 998–1007. http://dx.doi.org/10.34007/jehss.v4i2.790.

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By issuing Supreme Court Regulation Number 2 of 2012 concerning Limits of Minor Crimes and the Amount of Fines in the Criminal Code in order to resolve minor crimes. After the issuance of the PERMA, a new problem arose because the PERMA was not used in the settlement of minor criminal cases. This causes legal uncertainty after the issuance of PERMA No. 2 of 2012. This thesis uses normative legal research, namely research that refers to legal norms contained in laws and regulations that apply as a normative footing. The legal rules limiting minor crimes and the amount of fines in the Criminal C

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Ikanović, Veljko. "News in Prescribing, Expression And Execution of Cash Flow // Novine u propisivanju, izricanju i izvršenju novčane kazne." Годишњак факултета правних наука - АПЕИРОН 9, no. 9 (2019): 151. http://dx.doi.org/10.7251/gfp1909151i.

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The author analyzes the changes in the prescribing, pronouncing and execution of fines in the new Criminal Code of Republika Srpska from 2017. As one of the oldest and basic sentences, it took an important place in domestic criminal legislation. It was distinguished by its persistence, practicality, efficiency and flexibility, until the legislative reform in 2003. At that time, its prescription and pronouncement in daily amounts was introduced, later it was further strengthened, and by certain solutions it was outlawed as a special sanction. In short, by outlining certain characteristics of fi

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Irawan, Aris, Asneliwarni, Julian Ransangan, and Rachel Georghea Sentani. "Criminal Penalties for Foreigners Engaged in Illegal Fishing Indonesia's ZEE Impact SDGs." Journal of Sustainable Development and Regulatory Issues (JSDERI) 3, no. 1 (2025): 95–120. https://doi.org/10.53955/jsderi.v3i1.42.

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This research examines Indonesia's criminal law policy's readiness to address fisheries and maritime crimes within the Indonesian Exclusive Economic Zone (ZEEI) and its implications for achieving the Sustainable Development Goals (SDGs). However, in the UNCLOS 1982, Indonesia is prohibited from imposing imprisonment as a sanction for violations of the ZEEI, allowing only fines as penalties. In addition to normative issues, structural issues also pose challenges to effective law enforcement and threaten the success of Indonesia's SDGs in the fisheries sector. Using a normative legal research me

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Marimin, Marimin, Lazarus Tri Setyawan, and RB Sularto. "Punishment of Illegal Fishing Perpetrators in Indonesia in the Perspective of Equality before the Law." SASI 28, no. 2 (2022): 259. http://dx.doi.org/10.47268/sasi.v28i2.971.

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Introduction: Equality before the law is one of the important principles in the enforcement of criminal law in Indonesia, so it is important to pay attention to it. The punishment of illegal fishing perpetrators in ZEEI is not on the principle of equality before the law. Although the Fisheries Law adopted the 1982 UNCLOS, UNCLOS itself did not state the prohibition on the application of confinement instead of fines. Therefore, the application of fines for illegal fishing in ZEEI does not conflict with the 1982 Fisheries Law and UNCLOS. The fines of imprisonment are also applied to foreign nati

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