Abstract:

This study aims to analyze the determination of the severity of criminal finse and their alternative sanction for an unpaid fine in legislations as well as the effectiveness of the execution of fine by the public prosecutor. This research employed both doctrinal and empirical legal research using literature study, interview and document to obtain the data. The result of this research concluded that the weight of fine set by environmental, economic, and financial laws for individual perpetrator varied ranging from fine amounted 5 billion IDR to 200 billion IDR. The system of tightening fine for corporation contained three patterns, namely setting the maximum weight of fine, establishing a system of fine foldable from the primary threat of criminal sanction that is violated, and adding one third and two third of fine from the primary threat of the criminal sanction. The maximum fine for both individual and corporation tended to cause disparity of sentencing and undermine proportionality of punishment. Most of the Laws did not promulgate the alternative sanction for an unpaid fine. Even if it was existed, this alternative did not distinguish for individual and corporation as well as the nature of perpetrator and offense. As a result, the execution of fine by the public prosecutor was ineffective because inmates would rather serve a prison sentence in a relatively short period of time than pay fine.

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