Journal of Legal and Cultural Analytics (JLCA)
Vol. 5 No. 3 (2026): August 2026

Restoring Community Service as a Criminal Sanction in the National Criminal Code: A Juridical Analysis of an Instrument for Sentencing System Reform

Rikkot Gumarang Sinaga (Universitas HKBP Nommensen Medan)
Debora Debora (Universitas HKBP Nommensen Medan)
Ojak Nainggolan (Universitas HKBP Nommensen Medan)



Article Info

Publish Date
23 Aug 2026

Abstract

Indonesia’s criminal law reform through Law Number 1 of 2023 on the Criminal Code places community service as a principal punishment in the national sentencing system. Its inclusion reflects a shift from the dominance of imprisonment toward sentencing diversification, individualization, social reintegration, and respect for human dignity. This research aims to analyze the regulation of community service as an instrument of sentencing-system reform and to examine its urgency and implications for Indonesian criminal law reform. This normative legal research employs statutory, conceptual, and analytical approaches. Legal materials are analyzed qualitatively and normatively. The findings show that community service is established as a principal punishment and specifically regulated by Article 85 of Law Number 1 of 2023. Its imposition is limited by the statutory threat of imprisonment and by the sentence imposed by the judge, while requiring consideration of the defendant’s individual circumstances. The provision also regulates duration, prohibits commercialization, assigns supervision to prosecutors, and provides guidance by community counselors. Community service is urgent as an alternative to short-term imprisonment, a means of individualizing punishment, and an instrument supporting social reintegration. Its implications extend to judges, prosecutors, community counselors, and the social environment in which the sentence is carried out. Community service therefore constitutes an important instrument of Indonesian sentencing-system reform, although its effectiveness depends on normative certainty and implementation capacity.

Copyrights © 2026






Journal Info

Abbrev

jlca

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, ...