REPETITION OF CRIMINAL ACTION CAN BE USED AS A BASIS FOR PUNISHMENTS

In Supreme Court Decision 2307/K/Pid/2012, quoting Adami Chazawi’s opinion in his book titled Interpretation of Criminal Law, Basis for the Elimination of Aggravation and Mitigation, Crime of Complaints, Coordination & Teachings of Causality, there are three bases to increase punishment (sentence). First, because of one’s position. Second, for using the national flag. Third, repetition (recidivism).

An individual is called a recidivist if:

  1.  The culprit is the same person.
  2.  Repeated a crime after being given a permanent legal sentence by a judge.
  3.  Has finished serving their sentence.
  4.  Committing the criminal act within a certain period.
  5.  Committing the same or similar criminal acts.

  *   Supreme Court Decision No. 2307/K/Pid/2012 dated 7 July 2014

Source:
Article Titled “Recidivist and Pseudo-Criminal Accelerators of Criminal Acts,” By: Aji Prasetyo, Hukumonline.com, 19 June 2023

This decision can also be accessed at
https://decision3.mahkamahagung.go.id/direktori/decision/ceb8a3d4bce7f3cf93e20d2c952b88cd.html

Best regards
Fredrik J. Pinakunary