Interdisciplinary Social Studies
Vol. 5 No. 3 (2026): Interdisciplinary Social Studies

Judicial Considerations Regarding Criminal Sentences Involving Community Service Under The National Criminal Code

Ilham Shofil Fuadi (Universitas Swadaya Gunung Jati)
Sanusi Sanusi (Universitas Swadaya Gunung Jati)
Gunadi Rasta (Universitas Swadaya Gunung Jati)



Article Info

Publish Date
30 Jun 2026

Abstract

This study examines the implementation of Article 85 paragraph (2) of the Indonesian Criminal Code in judicial decisions concerning social work punishment. The background of this research is rooted in the paradigm shift of Indonesian criminal law from retributive justice toward rehabilitative and restorative justice, particularly through the introduction of social work punishment as an alternative to imprisonment. The objective of this study is to analyze the extent to which judges internalize the normative parameters stipulated in Article 85 paragraph (2) in their legal considerations. This research employed a normative legal method supported by a case approach, analyzing three court decisions and complemented by limited interviews with legal practitioners. The results indicate that judicial consideration in Decision Number 1/Pid.C/2026/PN Mbn and Decision Number 4/Pid.C/2026/PN Ksp remains partial, as judges only consider limited factors such as confession and ability to pay fines, while other mandatory elements are not explicitly analyzed. In contrast, Decision Number 78/Pid.B/2025/PN Pps demonstrates a more comprehensive application of the normative parameters. The discussion reveals inconsistencies in the internalization of criminal individualization principles, which may affect sentencing quality and legal certainty. In conclusion, judges have not fully and systematically applied Article 85 paragraph (2), highlighting the need for stronger interpretative consistency, clearer technical guidelines, and improved institutional support to ensure the effective implementation of social work punishment within the Indonesian criminal justice system.

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Journal Info

Abbrev

iss

Publisher

Subject

Environmental Science Languange, Linguistic, Communication & Media Public Health Social Sciences

Description

nterdisciplinary Social Studies (ISS) is an interdisciplinary publication of social studies and writing which publishes papers to international audiences of social researchers. ISS aims to provide a forum for scholarly understanding of social studies and plays an important role in promoting the ...