International Journal of Multidisciplinary Reseach
Vol. 2 No. 4 (2026): Agustus

NORMATIVE ANALYSIS OF LEGAL CERTAINTY FOR COMMUNITY SERVICE AS ALTERNATIVE PUNISHMENT UNDER THE NEW CRIMINAL CODE

Ibrahim Fikma Edrisy (Universitas Muhammadiyah Kotabumi)
Muhammad Djatmiko (Universitas Muhammadiyah Kotabumi)



Article Info

Publish Date
10 Aug 2026

Abstract

The revision of Indonesian criminal law through Law No. 1 of 2023 on the Criminal Code (New Criminal Code) introduces community service as an alternative punishment intended to reduce reliance on imprisonment and promote offender rehabilitation. However, its effectiveness depends on the legal certainty provided by the applicable regulatory framework. This study analyzes the legal certainty of community service as an alternative punishment under the New Criminal Code and examines its implications for penal reform in Indonesia. Using normative legal research, the study applies statutory, conceptual, and comparative approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively through systematic legal interpretation and legal argumentation. The findings indicate that the New Criminal Code provides a legal basis for the imposition, duration, and general implementation of community service. Nevertheless, legal certainty remains incomplete due to regulatory gaps concerning judicial discretion, implementation standards, institutional coordination, and oversight mechanisms, which may lead to inconsistent judicial practices. The study concludes that legal certainty depends not only on the existence of legal norms but also on a coherent regulatory framework that ensures clarity, consistency, and predictability. Strengthening implementing regulations, practical guidelines, and institutional capacity is therefore essential to ensure the effective implementation of community service and support Indonesia’s criminal justice reform.

Copyrights © 2026






Journal Info

Abbrev

ijmr

Publisher

Subject

Computer Science & IT Economics, Econometrics & Finance Education Engineering Social Sciences

Description

International Journal of Multidisciplinary Reseach (ISSN : 3109 9777) is a scholarly journal that publishes research across various branches of science through a multidisciplinary approach. Its scope covers the humanities and social sciences, including cultural studies, sociology, anthropology, ...