JAKARTA - Criminal law expert at Tarumanegara University, Hery Firmansyah, said that the new Criminal Code (KUHP) which will take effect on Friday, January 2, 2026, will bring a paradigm shift in sentencing that is no longer based on imprisonment.
Because the new Criminal Code brings a different face to the national penal system, where the state now gives space for alternative punishments outside the bars.
"Regarding the imprisonment of physical prisons, which is no longer a primadona, but there is a social work penalty, as well as the regulation of the category of fine penalties," he said, Friday, January 2.
In addition, the new Criminal Code also regulates the room for forgiveness from judges in certain cases and at the same time, customary law is again recognized as a 'living law' that lives in society. Hery assessed that the main foundation of the new Criminal Code lies in the concept of more balanced justice.
"At least there are three models of justice that want to be built with the concept of the principle of ultimum remedium introduced," he added.
According to him, if it is carried out in accordance with the original spirit, the new Criminal Code has the potential to suppress the practice of retributive sentencing. The subsequent effect, the number of cases to the court to the density of correctional institutions (prisons) can be suppressed.
"It should be with good intentions as long as the implementation is in accordance with the new spirit to reduce retributive or retaliatory sentencing, which will certainly have an impact on reducing the number of perpetrators of crimes who are brought to court and put in prison," said Hery.
The Minister of Immigration and Corrections (Imipas), Agus Andrianto himself ensured that the social work penalty would be implemented in 2026, in conjunction with the entry into force of the new Criminal Code and Criminal Procedure Code.
He stated that the heads of correctional institutions and detention houses had cooperated with the local government to support the policy. The location and type of social work will be determined by each region.
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