Penitentiary Law

peniten lawPenitentiary legal scope will never be separated in terms of criminal and penal. Criminal is sorrow / suffering intentionally inflicted by the state (through the courts) in which it is worn on the plight of someone who have violated the criminal law. The criminal justice process is the structure, function, and decision-making process by a number of agencies (police, prosecutors, courts and correctional institutions) with respect to the handling of offenders.

While sentencing a criminal punishment as a legitimate effort based upon the laws to impose suffering on the plight of a person through the criminal justice process proven legally and convincingly guilty of committing a criminal offense. So talking about criminal punishment and sentencing talking about the sentencing process itself.

Criminal be imposed on a person who committed a criminal offense, criminal as well as serve as a social institution. In this criminal case as part of a social reaction when there is a violation of applicable norms, the norms and values that reflect the structure of society is a symbolic reaffirmation of offenses against “collective conscience” as a form of dissent against certain behaviors.

The study of criminal law and punishment called penitentiary / legal sanctions. Penitentiary law is any positive legislation regarding punishment system (strafstelsel) and system actions (matregelstelsel).

Penitentiary law is a positive part of the criminal sentence that is the part which determines:

- Type of sanctions against an offense in this case to the Criminal Code and the sources of other criminal law (criminal law contains criminal sanctions and non-criminal law that contains criminal sanctions).
- Weighing sanctions.
- The duration of the sanctions undertaken.
- How to sanctions was run, and
- The penalty was executed.

Form of criminal sanction or action is to be studied by law penitentiary. Criminal sanctions and measures (maatregel) included in the criminal law. The Book of the Law of Criminal Law (Penal Code) does not mention the term sanction action, but in the development of an increasingly complex society also accompanied by the development of criminal law that is so fast.

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