Normative and Philosophical Analysis of the Reorientation of Criminal Fine Sanction Arrangement in Law Number 1 of 2023

The Indonesian criminal law system experienced a fundamental paradigm shift with the enactment of Law Number 1 of 2023 (National Criminal Code), replacing the colonial legacy Criminal Code based on pure retributive philosophy. This study aims to critically analyze the reorientation of fine sanction arrangement in the National Criminal Code, compare it with the old Criminal Code, and identify the potential and challenges of its implementation. Using normative legal research method with statutory, conceptual, and analytical approaches, this research examines the evolution of punishment philosophy from classical retributive to neo-classical which is more restorative, corrective, and rehabilitative, and influenced by victimology. The results show that the National Criminal Code introduces significant innovations in fines, including: 1) a fine category system (eight categories) that is adaptive to economic changes and inflation; 2) the obligation of the judge to consider the financial capacity of the convicted person (Article 80) to realize distributive justice; and 3) diversification of substitute mechanisms for fines that cannot be paid, from confinement to imprisonment, supervision, or community service, which aims to reduce the problem of prison overcapacity and encourage reintegration. In addition, the National Criminal Code explicitly recognizes corporation as the subject of criminal fine with substantial amount. Philosophically and structurally, these changes reflect efforts to decolonize and humanize punishment. Nonetheless, this research also identifies serious criticisms. Nominal fines, especially for corruption, still pose challenges to deterrence effectiveness and distributive justice as fines can be paid by third parties and potentially burden the less well-off. Furthermore, the reduction in the minimum fine amount for some corruption offenses (Articles 603, 604, and 606 of the National Criminal Code compared to the Anti-Corruption Law) potentially weakens the spirit of corruption eradication and creates philosophical contradictions. The successful implementation of this reform is highly dependent on the paradigm shift of law enforcers and the availability of supporting infrastructure for substitute punishment.