Pidana Alternatif Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana dan Kaitannya dengan Tujuan Pemidanaan

The enactment of the 2023 Criminal Code shows a change in the direction of punishment in Indonesia. The 2023 Criminal Code emphasises the purpose of punishment on prevention, correction, and restoration of balance, in contrast to the old Criminal Code which was more oriented towards providing deterrent effects. This is proven by the emergence of alternative punishment in the form of supervision punishment and social work punishment. The purpose of this study is to examine whether this alternative punishment is appropriate when viewed from the purpose of punishment and how the implementation of alternative punishment in other countries. This alternative punishment not only provides a more humane and restorative punishment option, but is also expected to overcome the problem of overcapacity of Correctional Institutions (Lapas). In addition, this research discusses the implementation of alternative punishment in other countries, such as the Netherlands and Portugal, which have proven effective in reducing the prison population and recidivism rate. By using normative juridical research method, the author makes the Criminal Code 2023 as the main legal basis to be analysed.

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Publication Details

Journal
Presidensial
Published
2024-10-15
DOI
https://doi.org/10.62383/presidensial.v1i4.197
Citations
6
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
24.44
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article

Pidana Alternatif Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana dan Kaitannya dengan Tujuan Pemidanaan

Agus Dharmawan, Nadira Karisma Ramadanti
6 citations
Presidensial
Legal Studies and Policies
24.44
article

Pidana Alternatif Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana dan Kaitannya dengan Tujuan Pemidanaan

Agus Dharmawan, Nadira Karisma Ramadanti
article en
6 citations

Abstract

The enactment of the 2023 Criminal Code shows a change in the direction of punishment in Indonesia. The 2023 Criminal Code emphasises the purpose of punishment on prevention, correction, and restoration of balance, in contrast to the old Criminal Code which was more oriented towards providing deterrent effects. This is proven by the emergence of alternative punishment in the form of supervision punishment and social work punishment. The purpose of this study is to examine whether this alternative punishment is appropriate when viewed from the purpose of punishment and how the implementation of alternative punishment in other countries. This alternative punishment not only provides a more humane and restorative punishment option, but is also expected to overcome the problem of overcapacity of Correctional Institutions (Lapas). In addition, this research discusses the implementation of alternative punishment in other countries, such as the Netherlands and Portugal, which have proven effective in reducing the prison population and recidivism rate. By using normative juridical research method, the author makes the Criminal Code 2023 as the main legal basis to be analysed.

PresidensialVol. 1(4)
Padjadjaran University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 0%
Legal Studies and Policies
24.44
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