Abstract
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 methods and normative legal methods with a statutory approach and a conceptual approach which is analyzed descriptively and qualitatively. Results and Discussion: The research findings show that the tendency of convicts in all types of criminal offenses imposed by the court, both in the crime of corruption and in the crime of sexual intercourse with children, and so on, in general, always chooses to serve the subsidiary of imprisonment rather than paying a fine. The results showed that in 12 (twelve) types of criminal offenses consisting of 53 decisions of the District Court in Timor that were sampled in this study, it turned out that there was no one decision related to criminal sanctions of fines that were executed by the public prosecutor as the executor so that the implementation of criminal sanctions of fines based on the Criminal Code and applicable laws and regulations has not been effective and optimal and not in accordance with the objectives of the criminal sanctions of fines themselves. Three main factors that hinder the criminal sanction of fines cannot be implemented effectively and optimally: juridical factor, law enforcement factor, and disharmony factor of legislation. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of criminal study. These implications could encompass the implementation of fines as criminal sanctions in court decission. Originality/Value: Judges and prosecutors should be able to make rational efforts or legal breakthroughs to determine the balance between the amount of fine sanction and the length of imprisonment as a subsidiary sanction.
Published Version
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