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All Journal Abdi Masyarakat Jurnal Kompilasi Hukum Jurnal Risalah Kenotariatan Rechtsvinding Unizar Law Review
Ika Yuliana Susilawati
Universitas Mataram
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Journal : rechtsvinding

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Degrading Penal Populism Through Alternative Sanctions in The Indonesian Penal Code Ahwan Ahwan; Ika Yuliana Susilawati
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1732

Abstract

The enactment of the Penal Code (Law No. 1/2023) marks a historic shift in national penal policy, revealing a complex dualism between retributive penal populism and modern sentencing moderation. This paper aims to analyze the structure of penal policy within the Penal Code to examine how alternative sanctions are normatively designed to control, limit, and degrade the expansive destructive power of penal populism. Employing a doctrinal legal research method with legislative, conceptual, and legal-historical approaches, this study examines how the New Penal Code exhibits a “Janus-faced penal policy.” On one hand, this codification accommodates public punitive sentiment through the retention of the death penalty, the expansion of overcriminalization in public spaces, and intervention in the private sphere. On the other hand, however, it institutionalizes balancing mechanisms through the incorporation of new alternative sanctions, namely probation and community service. Guided by the “Principle of Balance” enshrined in the sentencing guidelines (Articles 51–54), these alternative sanctions function as a safety valve. This study concludes that the convergence of these two opposing paradigms is not merely a forced pragmatic political compromise, but rather a systemic normative design intended to curb the public’s punitive zeal while simultaneously preventing the judicial system from collapsing due to prison overcrowding. The success of this de-escalation of penal populism ultimately rests on the standardization of judicial risk assessment tools and a progressive shift in the mindset of law enforcement officials.
The Principle of Lex Favor Reo in Moral Crimes: A Study of the Legal Implications of the Transitional Period of the National Ika Yuliana Susilawati; Ahwan Ahwan
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1754

Abstract

The transitional period following the implementation of the National Criminal Code (KUHP) has raised issues regarding the application of the Lex Favor Reo principle to changes in the provisions of moral offenses. This normative legal research aims to outline the criteria for determining the most favorable rules and analyze the legal effectiveness of applying this principle during the transitional period of the National Criminal Code. The research was conducted using a regulatory and contextual approach, utilizing primary and secondary legal materials analyzed qualitatively and prescriptively through systematic, contextual, and comparative interpretation. The results indicate that determining the most favorable rules cannot be based solely on quantitative calculations of criminal penalties but must be conducted in a hierarchical manner through three dimensions of analysis: criminalization, procedural, and punitive. The application of the Lex Favor Reo principle creates legal implications in the procedural aspect, affecting the use of the right to file a complaint and the withdrawal of a complaint, which determine the continuity of the legal process. In the penal aspect, it also raises the possibility of implementing alternative punishments that are more favorable to the perpetrator. Thus, the principle of lex favor reo during the transitional period of the National Criminal Code must be understood multidimensionally, taking into account the full legal consequences arising from the changes in the regulation of crimes against morality, thereby ensuring legal certainty, justice, and uniform application of the law in criminal practice.
Co-Authors Ade Sultan Muhammad Ahwan Ahwan Ahwan Ayang Afira Anugerahayu I Gusti Bagus Sakah Sumaragatha Lalu Panca Tresna Lalu Panca Tresna D Muhamad Rifaldi Setiawan Muhammad Rifaldi Setiawan Nathania Permata S R. Fahmi Natigor Daulay Septira Putri Mulyana Zahratul'ain Taufik Zahratul’ain Taufik