Journal of Social And Economics Research
Vol 8 No 1 (2026): JSER, June 2026

RECONSTRUCTION OF THE RECIDIVIST GUIDANCE SYSTEM UNDER THE NEW PENAL CODE : IMPLEMENTATION OF SUPERVISORY PUNISHMENT AND SOCIAL WORK PUNISHMENT IN CORRECTIONAL INSTITUTIONS

Jasmalinda (STIE Perdagangan, Padang)
Fauzia Zainin (Prodi Hukum, Institut Teknologi dan Ilmu Sosial Khatulistiwa)



Article Info

Publish Date
10 Aug 2026

Abstract

The enactment of Law Number 1 of 2023 on the Indonesian Penal Code, effective from 2 January 2026, marks a paradigmatic shift in the national sentencing system from a single-track system oriented toward imprisonment to a double-track system that accommodates alternative punishments and measures, including supervisory punishment (Articles 65, 75, and 76) and social work punishment (Articles 65 and 85). At the same time, the new Penal Code retains and even broadens the scope of recidivism through a general recidivism regime (algemene recidive) under Article 23 in conjunction with Article 58. This study examines, from a legal-doctrinal perspective, how supervisory punishment and social work punishment may be reconstructed as instruments for the correctional treatment of recidivists, and proposes a policy framework that balances social reintegration with community protection. The study employs a normative-juridical method using statutory and conceptual approaches, analyzed prescriptively and qualitatively based on primary, secondary, and tertiary legal materials. Preliminary findings indicate that the new Penal Code does not yet explicitly regulate selective criteria for imposing supervisory or social work punishment on recidivists, necessitating harmonization between the Penal Code, Law Number 22 of 2022 on Corrections, and their implementing regulations, along with institutional strengthening of the Correctional Center (Bapas) as supervisor and community guide.

Copyrights © 2026






Journal Info

Abbrev

JSER

Publisher

Subject

Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Social Sciences

Description

Journal of Social and Economics Research (JSER) is a peer-reviewed journal that focuses on critical studies of social and economic research. Investigated the dynamics of teaching and learning of social education, and social and economic problems in society at the primary, senior, and high education ...