Balancing Justice: Reforming Indonesia's Legal System Through Fines as a State Debt

The recent adjustments in legal provisions outside the Criminal Code aim to align criminal fines with the current rupiah rate. However, this resulted in fines appearing as administrative formalities, as the imposed amounts seem irrational in comparison to imprisonment as a substitute. Court decisions dictate that failure to pay fines leads to the confiscation and auctioning of the defendant's assets. If the defendant lacks sufficient assets, imprisonment for the remaining unpaid fine is imposed. These decisions perceive fines as a debt to the state. This article explores two key discussions: (1) the concept of criminal fines as a debt to the state in Indonesian criminal law reform and (2) the implementation of criminal fines as a state debt in the broader criminal law reform in Indonesia. The research highlights the potential of criminal fines serving as Non-Tax State Revenue (PNBP), contributing to the state treasury for developmental purposes. Viewing criminal fines as a state debt presents an opportunity for a more civilized and socially just criminal justice system, aligning with Pancasila values. Successful implementation involves clear regulations defining fines as a state debt, drawing on Legal Positivism theory, and specifying technical regulations for guarantees and enforcement mechanisms.