Criminal punishment of elderly defendants based on justice aspects

The imposition of custodial sentences on elderly offenders contradicts the principles of justice, thus necessitating judicial discretion to ensure fair and humane sentencing. This study adopts a normative juridical approach, examining legal principles, norms, and doctrines as the basis for legal analysis. The findings indicate that imprisonment is inconsistent with the condition of elderly individuals, who are in the final stage of human development and often face deteriorating physical and psychological health. Such sanctions fail to align with the objectives of criminal punishment, which are not only retributive but also preventive. For elderly offenders particularly non recidivists the preventive function becomes less relevant. Accordingly, it is recommended that law enforcement officers, especially investigators, consider restorative justice as an alternative mechanism for dealing with elderly offenders, excluded from immoral and non-criminal crimes that are contrary to the public interest. Judges are also encouraged to impose probationary sentences on elderly offenders when the maximum penalty does not exceed one year and the individual is not a repeat recidivist.

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Publication Details

Journal
Jurnal Geuthèë Penelitian Multidisiplin
Published
2025-08-20
DOI
https://doi.org/10.52626/jg.v8i2.425
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Criminal punishment of elderly defendants based on justice aspects

Muhammad Syahputra, Almas Salsabila, Raudhatul Hidayati, Sutia Fadli et al.
Jurnal Geuthèë Penelitian Multidisiplin
Legal and Social Justice Studies
article

Criminal punishment of elderly defendants based on justice aspects

Muhammad Syahputra, Almas Salsabila, Raudhatul Hidayati, Sutia Fadli, Anggun Mareta
article en

Abstract

The imposition of custodial sentences on elderly offenders contradicts the principles of justice, thus necessitating judicial discretion to ensure fair and humane sentencing. This study adopts a normative juridical approach, examining legal principles, norms, and doctrines as the basis for legal analysis. The findings indicate that imprisonment is inconsistent with the condition of elderly individuals, who are in the final stage of human development and often face deteriorating physical and psychological health. Such sanctions fail to align with the objectives of criminal punishment, which are not only retributive but also preventive. For elderly offenders particularly non recidivists the preventive function becomes less relevant. Accordingly, it is recommended that law enforcement officers, especially investigators, consider restorative justice as an alternative mechanism for dealing with elderly offenders, excluded from immoral and non-criminal crimes that are contrary to the public interest. Judges are also encouraged to impose probationary sentences on elderly offenders when the maximum penalty does not exceed one year and the individual is not a repeat recidivist.

Jurnal Geuthèë Penelitian MultidisiplinVol. 8(2)
Universitas Almuslim (ID)
Openalex Percentile: Top 57%
Legal and Social Justice Studies
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Criminal punishment of elderly defendants based on justice aspects — Muhammad Syahputra, Almas Salsabila, et al. · Jurnal Geuthèë Penelitian Multidisiplin (2025) | TGRS Research Map | TGRS