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All Journal Gevangenen : Jurnal Kajian Lembaga Pemasyarakatan
Lonna Yohanes Lengkong
Fakultas Hukum, Universitas Kristen Indonesia, Indonesia
Law, Crime, Criminology & Criminal Justice

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Peranan Lembaga Pemasyarakatan Dalam Sistem Peradilan Pidana Terpadu Lonna Yohanes Lengkong
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 1 (2025): Mei
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

The criminal justice system is a system within society designed to tackle crime, with the objectives of resocializing and rehabilitating offenders, controlling and preventing crime, and promoting societal welfare. Understanding this, there must be synergy among the subsystems to achieve these goals. However, legislation makes it highly unlikely to allow for cooperation, as each subsystem seems to operate independently. This gives the impression that the criminal justice system does not need to be regulated by a specific law. Meanwhile, Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP) is considered sufficient as a legal foundation for each subsystem, additionally, correctional institutions are often regarded as not being sufficiently important because, in the end, they are always held responsible for resocializing and rehabilitating inmates. In reality, this subsystem has the weakest infrastructure and is often scapegoated when former inmates reoffend. The discourse on integrating the criminal justice system (integrated criminal justice system) is proof that these subsystems are inseparable, as their individual performance greatly impacts the overall output of the system. Therefore, if a former inmate commits another crime, the criminal justice system is deemed to have failed in achieving its objectives.
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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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.
Co-Authors Andree Washington Hasiholan Tomson Situmeang