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All Journal Honeste Vivere Gevangenen : Jurnal Kajian Lembaga Pemasyarakatan
Tomson Situmeang
Fakultas Hukum, Universitas Kristen Indonesia, Indonesia
Law, Crime, Criminology & Criminal Justice

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Efektivitas Pidana Pengawasan dan Pidana Kerja Sosial dalam Mengurangi Overcrowding Lapas Andree Washington Hasiholan; Lonna Yohanes Lengkong; Tomson Situmeang
GEVANGENEN Jurnal Pemasyarakatan Vol 2 No 1 (2026): Mei
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

This study aims to analyze the juridical effectiveness of supervised sentencing and community service as alternative punishment instruments introduced by the National Criminal Code under Law Number 1 of 2023 to address the chronic problem of prison overcrowding in Indonesia. This research employs a normative legal research method using two simultaneous approaches, namely the statute approach and the conceptual approach. Legal materials were collected through documentary study of legislation, legal doctrine, jurisprudence, and national and international legal literature, then analyzed qualitatively using the deductive syllogism method. The results indicate that supervised sentencing, applicable to convicts facing imprisonment of no more than two years, relocates the rehabilitation process from total institutions to a controlled social environment under the supervision of the Correctional Guidance Center. Meanwhile, community service with a duration of 24 to 240 hours effectively substitutes short-term imprisonment for offenses carrying penalties of less than five years. If implemented optimally, both instruments are projected to reduce the prison population by 20 to 30 percent within the first five years. Comparative analysis with non-custodial sanction systems in the Netherlands, England, Wales, and Australia confirms their effectiveness. This study concludes that the successful implementation of both instruments depends critically on four main pillars: the availability of comprehensive technical regulations, adequate institutional capacity of the Correctional Guidance Center, judicial commitment to consistently applying non-custodial options, and public acceptance of restorative justice philosophy.
DINAMIKA KONSTITUSIONALISME DAN KRISIS PENEGAKAN HUKUM: REORIENTASI PRINSIP NEGARA HUKUM DI INDONESIA Kuni Nela Rizki Aszahra; Tomson Situmeang
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.708

Abstract

This study aims to analyze the root causes of the law enforcement crisis in Indonesia within the framework of constitutional theory and the principle of the rule of law (Rechtsstaat). Although Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia explicitly stipulates that Indonesia is a state based on the rule of law, in practice, law enforcement is often co-opted by political interests and the pragmatism of power. Employing a normative legal research method and a conceptual approach, this article finds that the law enforcement crisis stems from the deterioration of constitutional morality and weak institutional integrity. The findings indicate that the role of state institutions in maintaining public trust can only be restored through the strengthening of the system of checks and balances and the establishment of absolute judicial independence. This study recommends a reorientation of legal education grounded in constitutional values, as well as the enhancement of external oversight mechanisms over law enforcement institutions.
IMPLEMENTASI PRINSIP KEDAULATAN RAKYAT DALAM SISTEM HUKUM DAN KONSTITUSI INDONESIA Dimas Satria Hemarnaswa; Tomson Situmeang
Honeste Vivere Vol 36 No 2 (2026): Juli
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i2.709

Abstract

This article examines the implementation of the principle of popular sovereignty within Indonesia’s legal and constitutional system. Although the 1945 Constitution affirms that sovereignty resides in the people, its realization in state governance remains inconsistent. The purpose of this article is to analyze the constitutional regulation of popular sovereignty and to assess its implementation in practice. This research employs a normative juridical method using statutory and conceptual approaches. The findings show that popular sovereignty in Indonesia is strongly established at the normative level; however, its implementation tends to be procedural rather than substantive. Electoral processes, political representation, and law-making practices do not always reflect the genuine will of the people due to limited political competition, weak representative institutions, and insufficient public participation. In addition, while the Constitutional Court plays an important role in safeguarding constitutional principles, its effectiveness depends on institutional integrity and consistent enforcement. Therefore, strengthening popular sovereignty requires improving the quality of elections, enhancing representative functions, and ensuring meaningful public participation in governance.
Co-Authors Andree Washington Hasiholan Dimas Satria Hemarnaswa Kuni Nela Rizki Aszahra Lonna Yohanes Lengkong