Definition Of Criminalization

Efforts to combat crime (criminal policy) can be done in two ways, namely by means of penal law or engineering, and non penal or criminal laws of non-engineering.

Penal policy is interpreted as a means of tackling crime by enabling criminal law aksistensi way to solve it. Whereas the means of nonpenal done by enabling all aspects in addition to the criminal law such as civil law or legal aspects of State administration.

When tackling crime done by leveraging of criminal law, the first to do is to prohibit certain acts accompanied by the threat of criminal sanctions through a policy. This policy is commonly known with the criminalization policy. An assignment is a process of criminalization of acts as acts that may is liable. This process ended with the formation of the Act where the Act was threatened with sanctions in the form of a criminal. As a policy of criminalization can be defined as a process to determine what actions will be banned because of dangerous or harmful, and what sanctions will be dropped.

Hoefnagels as quoted by Yenti Garnasih say that criminalization is something of an act or thing be an action that was previously not an act which may be acts that can are convicted is liable.

Criminalization is also related to the addition or enhancement of criminal sanctions against criminal acts. Based on the above understanding of criminalization, the scope of criminalization is not only related to the determination of the original deed is not prohibited, then banned from certain sanctions threat was accompanied, but also related to pemberatan criminal sanctions against criminal acts.

Sudarto said that in an Act criminalize should pay attention to the following matters, namely:

First, the use of criminal law should pay attention to national development goals embody fair and prosperous societies that uneven material and regeneration based on pancasila. In relation to this, the use of criminal law aimed at tackling crime for the sake of prosperity and leadership community.

Second, the Act sought to be prevented or addressed by the criminal law must be an undesirable Act, i.e., acts that bring harm and materially spirituals over the citizens.

Third, the use of criminal law should also pay attention to the principles of cost and results (cost and benefit principle).

Fourth, the use of criminal law should also pay attention to the capacity or capability of the power of law enforcement agencies, which don't get any extremes of the task overbelasting.