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© Siti, Amoury, and Aris. (2023)
Corresponding author’s email: siti.farhani@uai.ac.id
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RSF Conference Proceeding Series: Business, Management and Social Science, Vol. 3 No. 2 (2023) https://doi.org/10.31098/bmss.v3i2.644
Alternative Punishment in Criminal Legal System in Indonesia
Siti Farhani
1
*, Amoury Adi Sudiro
1
, Aris Machmud
1
1
Universitas Al-Azhar Indonesia, Indonesia
Received : June 19, 2023 Revised : July 18, 2023 Accepted : July 20, 2023 Online : August 7, 2023
Abstract
This research aims to find alternative punishment implementation strategies in the integrated justice system. The
weak deterrent effect and latent problems have made the Indonesian criminal justice system ineffective. The author
uses normative juridical research with a statutory law approach and also a comparative study with the Dutch criminal
law system. Distributive justice becoming restorative justice has the potential to provide a sense of justice and legal
certainty and support an effective justice system because, in addition to being able to reduce the level of inmates, it
can also save the state budget in providing prison facilities and increase community acceptance of ex-convicts to
return to being independent human beings.
Keywords Alternative Sanctions, Criminal Law System, Paradigm, Restorative
INTRODUCTION
Indonesia is in a crisis of convicts due to over-criminalization where the number of
imprisonment is more than fines or other sanctions (97%) (Luxiana, 2021); besides, that where
almost all detention centers and prisons experience capacity overload, apart from being unhealthy
also inhumane and even violating the purpose of punishment, namely coaching to become human
free again -realize mistakes, improve themselves and learn – and society can accept them after
serving their sentences. Overcapacity of more than 200% – the number of prisoners is 266,663, the
normal capacity is 132,107 people, and the installed capacity is 134,556 (Herdian, 2021)
The urgency is that if it is not addressed immediately, the potential for community welfare
will not be maximized because the allocation of the state budget will be more in the judiciary. For
this reason, a criminal justice system policy is needed-institutional treatment - discretion,
diversion, restorative justice, as well as probation or social work sentences. - community-based
(community-based correction) aligned with the philosophy of social reintegration.
Legal renewal in criminal law requires synchronization and harmonization of regulations
contained in the Penal Code for the Dutch East Indies - adapted to the dynamics of universal and
modern development by changing the paradigm of classical retaliation (Acts-Criminal Law)
towards an integrative paradigm (Criminal Law Perpetrators-Victims) which pays attention to the
aspects of the act, the perpetrator, and the victim. Renewal in the criminal law system contained in
the Criminal Code, which has recently undergone changes related to criminal law - prohibited acts
(criminal act), criminal liability (criminal responsibility), and the formulation of sanctions in the
form of punishment (punishment) and action (treatment) (BPHN 2023).
Punishment can easily be interpreted as a sanction. The penalties referred to here relate to
the imposition of penalties and the basis for the imposition of penalties on persons, which is finally
and convincingly established by a perpetual res judicata judicial judgment (by the power of
Research Paper