When Prison Is No Longer the Primary Option for Sentencing, Punishment Is No Longer Merely Retribution
JAKARTA, KOMPAS.com - The Supreme Court (MA) is pushing for the strengthening of sentencing alternatives in line with changes in the direction of national criminal law policy through the Criminal Code (KUHP) 2023 and the Criminal Procedure Code (KUHAP) 2025.
Chief Justice Sunarto stated that the current development of national criminal law represents an important momentum in reforming the legal system in Indonesia.
“Criminal law is no longer solely positioned as a means of retribution for criminal acts (retributive), but is evolving as an instrument with corrective and restorative functions,” Sunarto said at the 71st anniversary event of the Indonesian Judges Association (IKAHI) at the MA Building on Tuesday (21/4/2026).
In this framework, the strengthening of non-prison penalties is seen as relevant to the objectives of modern sentencing.
“The strengthening of non-prison penalties and various forms of actions gains its relevance as a more proportional, adaptive alternative to sentencing that aligns with the objectives of modern sentencing,” Sunarto said.
“Short-term prison sentences should be avoided as much as possible if there are other more effective alternatives to reintegrate the offender into society,” Sunarto added.
As alternatives, judges are encouraged to optimise types of penalties that do not deprive physical freedom, such as fines, supervision penalties, and community service penalties.
At the implementation stage, the readiness of the social reintegration system is also an important factor in supporting the effectiveness of non-prison penalties, particularly in the form of supervision and community service penalties.
“A complete synergy among all stakeholders is a fundamental prerequisite in realising the effectiveness of the new sentencing system,” he said.
In a broader perspective, the strengthening of non-prison penalties is also viewed as part of a strategic step to address the issue of overcapacity in correctional institutions.
In addition, this approach is expected to ensure that the administration of criminal law provides more tangible benefits to society.
“A good criminal justice system is not only measured by its ability to enforce legal norms formally, but also by its ability to realise civilised justice, namely justice that is sensitive to humanitarian values, upholds proportionality, and is oriented towards social utility,” Sunarto said.