Divergency of Deprivation of Independence and Restrictions of Freedom in the Criminal Justice System in Indonesia

Abstract

Criminal law has various sanctions and is considered ’effective’ as an effort to prevent, handle, and deal with criminal acts. The concept of sentencing is divided into three theories, and all of them contain elements that limit the freedom rights of a person who commits a criminal act.Therefore, it is very interesting to discuss the divergence of deprivation of independence and limitation of freedom in the criminal justice system in Indonesia. The focus of this research is the study of deprivation of freedom and limitation of freedom in the criminal justice system in Indonesia. The type of research used is normative legal research, where the approach to the problem is a statute approach, conceptual approach, comparative approach, case approach. Deprivation of freedom or restriction of freedom can be interpreted not only as a prison sentence but can be defined as a restriction of freedom in all forms. Restrictions on freedom, eats everything that regulates behavior, activities, and obliges someone to do something, eats can be defined as restrictions on freedom. Limitation of freedom is a broad definition, imprisonment is one type of restriction of freedom, as well as other crimes if there is control or restriction on someone.
 Keywords: deprivation of independence, restrictions of freedom, Indonesia criminal justice