Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)

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The Construction of Sentencing Guidelines for Conditional Punishment in Cases of Domestic Violence Perpetrated by Military Personnel

Authors
Echa Annisa’ul Izzah1, Shinta Ayu Purnamawati1, Yaris Adhial Fajrin1, *
1Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
*Corresponding author. Email: yaris@umm.ac.id
Corresponding Author
Yaris Adhial Fajrin
Available Online 18 November 2025.
DOI
10.2991/978-2-38476-491-4_18How to use a DOI?
Keywords
Conditional Punishment; Domestic Violence; Sentencing Disparity; Military Court; Sentencing Guidelines
Abstract

The regulation of conditional punishment in Indonesia is stipulated in the Indonesian Penal Code (KUHP) as an alternative to imprisonment. With the development of sentencing practices, conditional punishment has become a primary sentencing option, as evidenced by its inclusion as a principal penalty in the National Penal Code. However, in military court practices, particularly in cases of domestic violence (DV), sentencing disparities have been identified due to the absence of clear guidelines for imposing conditional punishment. This study aims to construct sentencing guidelines for conditional punishment in domestic violence cases committed by military personnel.

The research employs a normative juridical method, utilizing primary and secondary legal data. The analysis is conducted from the perspectives of penal development, legal policy, and judicial considerations drawn from various court decisions. The findings reveal that guidelines for imposing conditional punishment in domestic violence cases involving military personnel should include: (1) classifications of domestic violence offenses eligible for conditional punishment, (2) appropriate forms of conditional punishment, and (3) specific guidelines for applying each form of conditional punishment. These guidelines are intended to assist judges in minimizing sentencing disparities and ensuring fairness in the imposition of conditional punishment.

Copyright
© 2025 The Author(s)
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 6th International Conference on Law Reform (INCLAR 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
18 November 2025
ISBN
978-2-38476-491-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-491-4_18How to use a DOI?
Copyright
© 2025 The Author(s)
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

risenwbib
TY  - CONF
AU  - Echa Annisa’ul Izzah
AU  - Shinta Ayu Purnamawati
AU  - Yaris Adhial Fajrin
PY  - 2025
DA  - 2025/11/18
TI  - The Construction of Sentencing Guidelines for Conditional Punishment in Cases of Domestic Violence Perpetrated by Military Personnel
BT  - Proceedings of the 6th International Conference on Law Reform (INCLAR 2025)
PB  - Atlantis Press
SP  - 190
EP  - 200
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-491-4_18
DO  - 10.2991/978-2-38476-491-4_18
ID  - Izzah2025
ER  -