Sentencing Inequality and Social Stratification in Indonesia's 2023 Penal Code

The Indonesia 2023 Penal Code, which entered into force on January 2, 2026, formally adopts the double track sentencing system requiring imprisonment and fine sanctions to function as equal-value alternatives.No prior study has evaluated this code using regional minimum wage data as an economic benchmark.This normative legal study employed statutory and conceptual approaches, applying economic analysis of law to calculate the economic value of maximum imprisonment threats using Indonesia's 2023 regional minimum wage data and comparing these against provisioned fine sanctions.Reference value analysis indicated no consistent proportionality between fine sanction categories and imprisonment lengths across the five penal type categories.Economic analysis indicated that the equivalence relationship varies across sentencing categories and wage conditions: under higher wage assumptions fine values fall below the calculated imprisonment burden across most categories, while under lower wage assumptions fine values in several categories meet or exceed calculated imprisonment values, with the Medium category presenting the most persistent concern.The findings suggest the code does not apply a consistent equivalence principle the double track sentencing system requires, creating structural conditions that may contribute to wealth-based disparities in criminal justice outcomes.These findings reflect codified provisions rather than empirical practice; actual outcomes are subject to judicial discretion, and whether structural patterns translate into disparities will depend on judicial application.Future revisions should incorporate a structured sentencing equivalence framework derived from the regional minimum wage to ensure equitable outcomes regardless of offender economic status.Future empirical research on actual sentencing decisions is also recommended.