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All Journal Jurnal Kewarganegaraan
Hery Chariansyah
Universitas Krisnadwipayana
Education Social Sciences Other

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The Urgency of Community Service Punishment as an Alternative to Imprisonment in the Perspective of National Criminal Law Reform Avvy Olivia Atam; Hery Chariansyah
Jurnal Kewarganegaraan Vol 10 No 1 (2026): Juni 2026
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v10i1.10022

Abstract

Community service punishment is an important instrument of Indonesia’s criminal law reform, reflecting a shift from imprisonment-oriented sentencing toward a more selective, proportional, and socially reintegrative penal model. This article examines the regulation of community service punishment under Law Number 1 of 2023 concerning the Indonesian Criminal Code and formulates an ideal model for its implementation within the Indonesian sentencing system. This study applies normative legal research using statutory, conceptual, limited comparative, and criminal policy approaches. The findings indicate that community service punishment is positioned as a principal punishment that functions as an alternative to short-term imprisonment and light fines. This regulation demonstrates the legislature’s effort to introduce a form of punishment that does not always rely on deprivation of liberty, while still maintaining criminal accountability. Nevertheless, its effectiveness depends on the availability of sentencing guidelines, individual assessment, supervision, probation guidance, standardized community work, and compliance evaluation. This article proposes an implementation model based on operational legal rules, judicial sentencing guidelines, offender assessment, protection of human dignity, integrated supervision, and measured community involvement.
Analysis of Supervision Punishment in the National Criminal Code as an Instrument of Modern Sentencing in Indonesia Fitri Sulis Setiyowati; Hery Chariansyah
Jurnal Kewarganegaraan Vol 10 No 1 (2026): Juni 2026
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v10i1.10028

Abstract

Supervision punishment is one of the significant innovations introduced by Law Number 1 of 2023 concerning the Indonesian Criminal Code. Its formulation reflects a shift in Indonesia’s sentencing policy from imprisonment-oriented punishment toward a more proportional, corrective, rehabilitative, and community-based model. This article examines two main issues: the concept of supervision punishment under the National Criminal Code and its prospects in realizing modern sentencing objectives in Indonesia. This study employs normative legal research using statutory, conceptual, and limited comparative approaches. The findings indicate that supervision punishment should not be understood merely as a lenient sanction but as a principal punishment that embodies the principles of individualized sentencing and offender rehabilitation outside correctional institutions. Prospectively, supervision punishment may serve as an important instrument to reduce the harmful effects of short-term imprisonment, strengthen rehabilitation, and support restorative justice. However, its effectiveness depends on implementing regulations, sentencing guidelines, the institutional capacity of probation officers, coordination among criminal justice agencies, and a shift in legal culture from prison-oriented sentencing to community-based sentencing.
Co-Authors Avvy Olivia Atam Fitri Sulis Setiyowati