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View all search resultsCommunity sentences introduced in new penal code
Article 85 of the new Criminal Code stipulates that community sentences only apply for offenses with a maximum sentence of five years in prison, if the judges sentence the defendant to no more than six months in prison.
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Illustration of a Criminal Code (KUHP) book next to a gavel and a Lady Justice statue. (Shutterstock/La Terase)
T
he new Criminal Code (KUHP), whose implementation has been met with persistent opposition due to articles deemed to undermine civil liberties, has introduced non-custodial sentences in the form of community work, aimed at providing corrective measures for criminals without placing more of a burden on Indonesia’s overcrowded prison system.
The KUHP, which came into effect on Jan. 2, formally adds community sentences as punishment for convicts alongside the custodial punishments of imprisonment and fines inherited from the old Dutch colonial penal code.
Under Article 85 of the law, a community sentence may be imposed for “minor” offenses with a maximum sentence of five years’ imprisonment, should judges sentence the defendant to no more than six months in prison or a fine of up to Rp 10 million (US$593).
Judges retain the discretion to impose the punishment and must take into account several factors, including the defendant’s admission of guilt, ability to work, consent, social background, occupational safety, religious considerations and capacity to pay a fine.
Convicts will not receive wages for their work, which must range from eight to 240 hours and be carried out gradually over a period of up to six months.
Deputy Law Minister Edward Omar Sharif Hiariej asserted at a press briefing on Jan. 5 that the imposition of community sentences rests entirely at judges’ discretion.
He added that his office had coordinated on the implementation with the Attorney General’s Office (AGO) and the Immigration and Corrections Ministry.
