Strengthening the Role of Community Guidance in Supporting the Effectiveness of Alternative Sentencesin the National Criminal Code (An Analysis of Supervision and Community Service Sentences)
Downloads
The National Criminal Code brought a paradigm shift in the criminal justice system in Indonesia, especially through two new types of basic punishments, namely supervision sentence and community service sentences. This form of punishment is an effort to reform criminal law that is oriented towards the rehabilitation and social reintegration of criminals, as an alternative to imprisonment which has so far dominated the criminal justice system. In its implementation, the function of community guidance is crucial to ensure the effectiveness of the punishment. The research method used in the discussion and analysis of the problem is normative juridical with a statutory approach and legal concepts. Community guidance plays a role in conducting community research, providing recommendations to prosecutors, and guiding convicts during the supervision or community service sentences period. However, strengthening regulations and institutions for the implementation of this function is still an urgent need because there are no implementing regulations that specifically regulate this matter. Therefore, this study emphasizes the importance of restructuring the role of community guidance in supporting the implementation of supervision and community service sentences so that the goals of correctional and criminal punishment can be achieved optimally.
Diah Ratu Sari. (2022). Regulation of Supervisory Criminal Procedure and Social Work Criminal Procedure in the Draft Criminal Code as an Effort to Implement Daad-Dader Starfrecht, Salam Journal: Sar'i Social and Cultural Journal, 9 (1): 137 https://doi.org/10.15408/sjsbs.v9i1.24338
Dwi Oktafia Arianti & Muhammad Ramadhan. (2022). Sentencing Guidelines in the Context of Future Criminal Law Reform, Journal of Legal Studies , 7 (01): 93, https://kajianhukum.janabadra.ac.id/index.php/kh/article/view/7/7
Eva Achjani Zulfa, Anugrah Rizki Akbari, & Zakki Ikhsan Samad. Development of the Criminal Justice System and Correctional System , (Jakarta: Rajawali Pers, 2017)
Fazal Akmal Musyarri & Gina Sabrina. (2023). Urgency of Implementing Supervisory Criminal Procedure in Law Number 1 of 2023 Concerning the Criminal Code, Judicial Journal, 16 (1) : 74 https://jurnal.komisiyudisial.go.id/index.php/jy/article/view/586/416
Hajairin, Syamsuddin, Kasmar, Gufran Sanusi. (2022). Supervisory Criminal Policy in the Reform of Indonesian Criminal Law, Iblam Law Review, 2 (02) : 170 https://ejurnal.iblam.ac.id/IRL/index.php/ILR/article/view/81
I Putu Suwarsa. (2013). Criminal Supervision of Children in Conflict with the Law in the Criminal Justice System in Indonesia, Udayana Master of Law Journal, 2 (3) : 2 https://doi.org/10.24843/JMHU.2013.v02.i03.p07
Jody Imam Rafsanjani, Rizki Bagus Prasetio, Zaihan Harmaen Anggayudha. (2023). The Existence of Criminal Social Work in the Perspective of Progressive Law, De Jure Legal Research Journal, 23 (2) : 226 https://ejournal.balitbangham.go.id/index.php/dejure/article/view/3495
Joko Sriwidodo. Criminal Law Politics in the Approach to Law No. 1 of 2023 Concerning the Criminal Code , (Yogyakarta: Kepel Press, 2023)
Marisa Kurnianingsih & Wiranto Tri Setiawan. (2023). Assessing Community Work Punishment as a New Paradigm for the Concept of Punishment for Corruption Cases Based on Cultural Determinism, Jurnal Justisi, 9 (2) : 124 https://ejournal.um-sorong.ac.id/index.php/js/article/view/2328
Muladi. Conditional Penal Institution , 4th Edition , (Bandung: PT.Alumni, 2004)
Ni Komang Sutrisni & I Nengah Susrama. (2023). The Ideal Concept of Implementing Social Work Punishment in Law Number 1 of 2023 Concerning the Criminal Code Through a Collaborative System, Saraswati Law Journal, 05 (02) : 411 https://doi.org/10.36733/jhshs.v5i2.8129
Peter Mahmud Marzuki. Legal Research , (Jakarta: Kencana , 2005)
Mr. Soerjono Soekanto , Introduction to Legal Research , (Jakarta: UI Press, 1984)
Soerjono Soekanto. Normative Legal Research: A Brief Review, 1st Ed. 12th Printing, (Jakarta: PT. Raja Grafindo Persada, 2010)
Tongat. Criminal Social Work in the Reform of Indonesian Criminal Law , (Jakarta: Djambatan, 2001), 7
Teriyanti BTR, Arika Palapa, Iksan Saifudin. (2024). Supervisory Crime in the Perspective of Indonesian Criminal Law Reform, Journal Syntax Idea, 6 (7) : 3133 https://doi.org/10.46799/syntax-idea.v6i7.4069
Wafda Vivid Izziyana & Arhan Anom Besar. (2015). Integration of Criminal Social Work in the National Legal System, Justitia Journal of Law Journal, 1 (2) : 175-176, https://doi.org/10.30651/justitia.v1i2.1148
Copyright (c) 2025 Riki Afrizal, Tenofrimer, Diana Arma (Author)
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with the Ekasakti Journal of law and Justice agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
