Non-Custodial Sanctions in the Context of Restorative Justice: A Modern Criminal Law Perspective

This article examines the position and implementation of non-custodial sanctions within the restorative justice framework as part of Indonesia's broader transformation of modern criminal law. While regulatory instruments such as Law No. 1 of 2023 on the Penal Code and the Indonesian National Police Regulation No. 8 of 2021 have established a normative basis for applying such sanctions, their implementation remains fragmented. This study employs a normative juridical approach by analyzing national legislation alongside international practices to assess the effectiveness and the challenges of integrating non-custodial measures. The findings reveal three primary barriers to implementation: legal (a lack of implementing regulations), structural (inadequate supporting infrastructure), and cultural (the prevailing dominance of a retributive justice paradigm). The article advocates for a more restorative-oriented penal policy design, including developing technical guidelines, strengthening penal mediation institutions, providing training for legal practitioners, and public education efforts aimed at shifting justice paradigms. With well-calibrated strategies and cross-sectoral support, non-custodial sanctions can become effective, humane, and sustainable instruments of sentencing within the national criminal justice system.