Analysis Economy Against the Law on Sanctions Criminal Restitution Case Crime Sexuality in Children

Abstract

Criminal sanctions for restitution in court decisions in cases of sexual crimes against children are often substituted with imprisonment. In such conditions, the perpetrators of the crime prefer confinement rather than paying a sum of money to the victim's child. This article uses Richard A Posner's Economic Analysis of Law theory to find out whether the criminal sanction of restitution can be replaced with a criminal sanction of imprisonment. Penalty criminal likened restitution as criminal fine in relation with the principle cost and profit is effective sanctions running however during this restitution still Becomes penalty crime that is not there is coercion, so implementation not enough maximum. This article-use approach-case Number: 85/Pid.Sus/2021/PN.Krg which was decided by the Panel of Judges of the Karanganyar District Court on August 5, 2021 which in Case this restitution no paid by the perpetrator to the victim 's child. This article concludes that there is a number of how to get sanctions criminal restitution can effective, that is first with foreclosure asset defendant to use payment restitution to the victim 's child. Second with method reformulation laws and regulations related to criminal sanctions refund of nature force.