Tenofrimer
Universitas Andalas

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Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences) Riki Afrizal; Tenofrimer; Diana Arma
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/7x177n34

Abstract

The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discussion and analysis of the problem is normative juridical with a statutory approach and legal concepts. Community guidance plays a role in conducting community research, providing recommendations to prosecutors, and guiding convicts during the supervision or community service sentences period. However, strengthening regulations and institutions for the implementation of this function is still an urgent need because there are no implementing regulations that specifically regulate this matter. Therefore, this study emphasizes the importance of restructuring the role of community guidance in supporting the implementation of supervision and community service sentences so that the goals of correctional and criminal punishment can be achieved optimally.
Integrating the Correctional System into Criminal Procedural Law : An Analytical Study on the Urgency of Legal Reform Riki Afrizal; Tenofrimer; Diana Arma
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/w26a8882

Abstract

Corrections is a sub-system within the Indonesian criminal justice system, playing a key role in the treatment of Detainees, Children, and Inmates throughout all stages of the judicial process. However, the correctional functions as regulated under the Corrections Law have not yet been systematically integrated into the Criminal Procedure Code, which serves as the primary legal framework for criminal procedural law. This lack of integration potentially positions corrections as an institution external to the criminal justice system. This study aims to examine the current position of the correctional system within Indonesia’s criminal procedure law, assess the urgency of reforming the Criminal Procedure Code to accommodate the correctional system, and formulate an ideal integration model that aligns correctional functions within the broader criminal justice framework. This research employs a normative juridical method using statutory and conceptual approaches, and analyses them through descriptive qualitative techniques. The statutory approach focuses on an analysis of the Corrections Law, the Criminal Procedure Code, and the Draft of Criminal Procedure Code, while the conceptual approach applies legal concepts such as the correctional system and the criminal justice system. The results of this study highlight the importance of substantive reform in criminal procedural law to reflect integration and synchronisation of correctional roles in supporting the objectives of the criminal justice system. In the reform of the Criminal Procedure Code, it is necessary to regulate the position and function of corrections at the pre-adjudication, adjudication, and post-adjudication stages, particularly regarding the implementation of new types of punishment introduced in the new Criminal Code.