VRISPRAAK, International Journal of Law
Vol. 10 No. 3 (2026): September 2026

Community Service Sentences Under Indonesia's Criminal Code and Their Impact on Prosecutorial Sentencing Demands

Christina Natalia (Universitas Krisnadwipayana)
Hartanto (Unknown)
Saefullah (Unknown)



Article Info

Publish Date
29 Sep 2026

Abstract

Community service sentence is one form of reform in the sentencing system under Law Number 1 of 2023 concerning the Criminal Code. Its existence is significant because Indonesia’s sentencing system has long been dominated by imprisonment, including in cases that could actually be resolved through non-custodial sanctions. Short-term imprisonment often creates various negative impacts, such as stigmatization, disruption of social relations, loss of employment, and ineffective rehabilitation. In this context, community service sentence emerges as an alternative to imprisonment that is more proportional, humane, and consistent with the objectives of sentencing under the National Criminal Code.This study discusses two main issues: first, how community service sentence is regulated as an alternative to imprisonment under the National Criminal Code; and second, how the sentencing demands of Public Prosecutors should be formulated in relation to community service sentence so that they are consistent with the objectives of sentencing under the National Criminal Code. This research applies a normative legal research method using statutory, conceptual, and analytical approaches. The legal materials used consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively and prescriptively, with conclusions drawn deductively.The study concludes that community service sentence has been regulated as a principal punishment under Article 65 paragraph (1) of the National Criminal Code and is further regulated specifically under Article 85. This sentence is selective in nature and is primarily intended for relatively minor criminal offenses. The formulation of sentencing demands by Public Prosecutors concerning community service sentence must integrate Article 51, Article 54, Article 65, and Article 85 of the National Criminal Code. Accordingly, sentencing demands should not be oriented solely toward imprisonment, but should also emphasize rehabilitation, proportionality, utility, and the protection of human dignity.

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Journal Info

Abbrev

vris

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

VRISPRAAK, International Journal of Law publishes research on various topics, national laws and international law, including analysis of laws and judges decisions. The journal has published some of the most popular and popular articles in this field. This is an invaluable resource for academics and ...