Formulation of Criminal Sanctions in the Regional Regulation in Indonesia

Abstract

Local regulations as one of the forms of legislation nearly all impose sanctions on violators. This is understandable because of the sanctions is part of the preventive efforts to enforce local regulations. Especially with regard to sanctions, local regulations can regulate penal and administrative sanctions. Differences in the offense led to uncertainty related to a prohibited act in several regions in Indonesia. The uncertainty will cause people harmed. Indonesian society is high mobility between regions led to the regional community A convicted of acts prohibited in area B when A is not prohibited in the area. Legal certainty should be understood as a condition, in which the law is applied to the clear certainty to the subject and the object clearly. The law gives certainty to every citizen who under legal proceedings and sanctions when violated or they violate the law. Besides the legal certainty should also be accompanied by the legal process that applies equally to anyone who violates the law. Problems encountered in regulating the establishment of criminal sanctions in it is guidance formation is not clear and is very common. The guidelines for the amount of sanctions is regulated in detail but in the guidelines for determining the act / offense is not set. This is exactly what led to inter-regional arrangements regarding the act / offense prohibited different and cause legal uncertainty.

Keywords: Formulation, Criminal Sanction, Regional Regulation