THE PUNISHMENT MEASURES OF CRIMINAL BASE ON DRESSING AND SYMBOL USAGE AS BUDDHIST MONKS OR NOVICES IN BUDDHISM

Abstract

The research aimed to study the concept, theory of criminal penalty determination, to study the penalties relating to dressing or using symbols which indicate to be a novice monk in Buddhism wrongfully and to analyze measures and guidelines to determine criminal penalties for wrongdoing or to use symbols which indicate to be a novice monk in Buddhism wrongfully. By qualitative research in law was the document research manner. The data were collected from primary sources, including relevant laws, textbooks, theses, researches, articles of the Supreme Court's verdict, and secondary sources published in online data from various websites.

The research was found that there were concepts, theories of criminal punishment to a person who was considered to be an act of disgust by any society to be considered a criminal punishment. Therefore, even dressing or using the device to show that it was a monk or novice in Buddhism was therefore a crime. As for penalties, if they were not ordained in accordance with the principles of discipline, the court sentenced to 1 month, 3 months, 6 months, but a maximum of 1 year without parole. If they were ordained by virtue but has renounced the clergy because it is alleged that a criminal offense or violation of Dhamma disciplinary court may be sentenced to not more than 3 months or awaiting parole.