The correlation between alternative forms of punishment and the implementation of substantial justice in a judge’s ruling

Djuyamto Djuyamto; Pujiyono Suwadi; Muhammad Rustamaji

doi:10.2991/978-2-38476-362-7_36

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The correlation between alternative forms of punishment and the implementation of substantial justice in a judge’s ruling

Authors

Djuyamto Djuyamto¹^{, 4}^{, *}, Pujiyono Suwadi²^{, 4}, Muhammad Rustamaji³^{, 4}

¹Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia

²Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia

³Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia

⁴Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia

^*Corresponding author. Email: djuyamto@student.uns.ac.id

Corresponding Author

Djuyamto Djuyamto

Available Online 28 February 2025.

DOI: 10.2991/978-2-38476-362-7_36 How to use a DOI?
Keywords: Criminal Law; Substantive Justice; Alternative Punishment
Abstract: The implementation of Law Number 1 Year 2023 on the Criminal Code (New Criminal Code) will commence in January 2026, and it exhibits numerous distinctions from the Old Criminal Code, encompassing the philosophical foundation, the objective of punishment, and the regulations about criminal penalties. This article explores the different primary penalties outlined in the New Criminal Code and their connection to the implementation of substantial justice by judges in court rulings. Including a diverse range of fundamental criminal provisions in the New Criminal Code represents a favorable step in reforming criminal law. This reform is not solely focused on absolute deterrence but also aims to address the retribution of criminal acts. The New Criminal Code adopts a relative approach that focuses on the objective of punishment. This also benefits judges and judicial institutions, particularly criminal courts, as it allows them greater flexibility in applying punishment provisions focused on achieving justice. This contrasts the limitations imposed by the punishment provisions in the previous Criminal Code, which only allowed for one type of punishment: imprisonment.
Open Access: Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title: Proceedings of the International Conference on Law Reform (5th Inclar 2024)
Series: Advances in Social Science, Education and Humanities Research
Publication Date: 28 February 2025
ISBN: 978-2-38476-362-7
ISSN: 2352-5398
DOI: 10.2991/978-2-38476-362-7_36 How to use a DOI?
Open Access: Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

ris enw bib

TY  - CONF
AU  - Djuyamto Djuyamto
AU  - Pujiyono Suwadi
AU  - Muhammad Rustamaji
PY  - 2025
DA  - 2025/02/28
TI  - The correlation between alternative forms of punishment and the implementation of substantial justice in a judge’s ruling
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 247
EP  - 256
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_36
DO  - 10.2991/978-2-38476-362-7_36
ID  - Djuyamto2025
ER  -

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