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All Journal Journal of Law
Syahqina Al Islamy Asry
IBLAM School of Law
Humanities Law, Crime, Criminology & Criminal Justice

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Transformasi Paradigma Pemidanaan melalui Pidana Pengawasan dalam UU No. 1 Tahun 2023 Syahqina Al Islamy Asry; Hendra Wahanu Prabandani
Postulat Vol 4 No 2 (2026): POSTULAT: Jurnal Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v4i2.2251

Abstract

The enactment of Law No. 1 of 2023 on the National Criminal Code marks a fundamental shift in the sentencing paradigm in Indonesia through the strengthening of supervised punishment as the primary form of punishment. This study aims to analyse the transformation of the sentencing paradigm within the National Criminal Code and to illustrate its implementation through a case study in Judgment No. 609/Pid.B/2025/PN Kag. Using a normative legal research method, this study examines how supervised punishment are positioned as an instrument of rehabilitation and social reintegration that prioritises restorative justice. The results of this study indicate that probation under the National Criminal Code now functions as an independent principal sentence aimed at rehabilitating the offender without the need for institutional isolation. As an example of its application, Judgment No. 609/Pid.B/2025/PN Kag reflects how sentencing guidelines, such as consideration of the defendant’s personality and the victim’s forgiveness, are actualised in judicial practice. This demonstrates that a new paradigm, one that is more proportionate, humane, and functional, has begun to be internalised within the criminal justice system through the application of non-custodial sanctions that retain their legal enforcea
Co-Authors Hendra Wahanu Prabandani