Reforming Indonesian Criminal Law: Integrating Supervision, Punishment, And Rehabilitation For Restorative Justice

Abstract

The reformation of criminal law in Indonesia through Law Number 1 Year 2023 on Criminal Code (KUHP) introduces supervision punishment as one of the main types of punishment. This study aims to analyze the ratio legis and suitability of supervision punishment arrangement with the purpose of punishment, as well as to compare it with the practice in other countries, especially the Netherlands. Using normative legal research method with a comparative approach, this research examines primary legal materials in the form of the new Criminal Code, as well as secondary legal materials from trusted literature and legal journals. The result shows that supervision punishment is an effort to transform the paradigm of punishment from retributive to restorative, corrective, and rehabilitative justice. The regulation of supervision punishment in Article 65-77 of the Criminal Code aims to prevent criminal acts, socialize the perpetrators through coaching, and resolve conflicts by restoring social balance. In addition, comparative analysis shows that the implementation of supervision punishment in the Netherlands, through the Probation Service institution, has succeeded in reducing the occupancy rate of correctional institutions, encouraging social reintegration, and saving operational costs. In conclusion, supervision punishment in Indonesia offers a more humanist alternative to imprisonment, by emphasizing on offender rehabilitation and community protection. This reform reflects the modernization of criminal law that is more responsive to the needs of society, and supports the achievement of just and effective punishment objectives. This research recommends strengthening supporting infrastructure, such as social and psychological services, to optimize the implementation of supervision punishment.