Maretha Uli, Jakarta – The 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.
AGO spokesperson Anang Supriatna said prosecutors had prepared internal technical guidelines for community sentences through an internal regulation issued in 2025. The attorney general had also instructed prosecutors' offices nationwide to cooperate with regional administrations to facilitate the implementation.
"The community sentences will have a positive impact on the public, the government and the convicts, while serving as an effective correctional measure," he said on Thursday.
He added that prosecutors would help determine appropriate locations and types of community work that "benefit both society and the convicts", with the aim of equipping convicts with skills that would help them become self-reliant and ready to reintegrate into society.
Placements may include hospitals, orphanages, nursing homes, schools or other social institutions, with assignments tailored to a convict's professional background and skills.
Supreme Court spokesperson Yanto gave an assurance that community service sentences were now fully enforceable by judges.
Separately, Supreme Court criminal chamber head Prim Haryadi said the punishment must be explicitly stated when judges read out their verdicts.
"Based on an agreement within the criminal chamber, a verdict must specify the defendant's offense, the type of punishment as a community sentence, its duration in days and weeks, as well as the location where it will be carried out," he said during a press briefing on Dec. 30.
Easing crowded prisons
Immigration and Corrections Minister Agus Andrianto expressed the hope that non-custodial sentences would help reduce overcrowding in detention centers and penitentiaries across the country.
"Our hope is that inmates who return to society will become responsible and independent citizens who recognize their mistakes," he said in a statement on Jan. 3. "This policy is expected to reduce repeat offenses to zero."
The minister said his office had prepared 968 community service sites nationwide and prepared halfway houses to supervise and guide convicts given community sentences.
According to data from the ministry's corrections directorate general, Indonesia's correctional facilities currently house more than 274,000 detainees and prisoners, far exceeding their initial total capacity of 150,000 inmates.
The overcrowding is evident across nearly all provinces, with the widest gaps recorded in Riau, where occupancy is almost four times its capacity. East Kalimantan sits in second place at three times capacity, followed by North Sumatra and Jakarta, with both operating at double their original capacity.
Persistent overcrowding, along with understaffing, underfunding, poor management and corruption among prison staff, is often blamed for riots, escape attempts, drug smuggling and fatal accidents in prisons across the country.
Criminal law expert Hibnu Nugroho of Soedirman University (Unsoed) agreed that non-custodial sentences could help ease prison overcrowding, calling it a "positive step" in Indonesia's criminal law reform for shifting the system's long-standing focus away from custodial punishment toward rehabilitation and correction.
But he warned that for community sentences to be effective, they must create a deterrent effect and deliver real benefits to society. The punishment should not be treated as a mere formality, stressing the need for strict supervision to prevent it from being perceived as too lenient.
"If there is no deterrent effect," Hibnu said, "convicts may see it as an easy punishment since they would avoid prison."
Source: https://asianews.network/community-sentences-introduced-in-indonesias-new-penal-code