Paradigm of Shifting Imprisonment to Non-imprisonment in Indonesia Crimination
- DOI
- 10.2991/978-2-38476-022-0_36How to use a DOI?
- Keywords
- alternative criminal; imprisonment; non-imprisonment
- Abstract
Imprisonment in our Criminal Code (KUHP) is currently still in the main form of criminal sanction, imprisonment as regulated in the Criminal Code (KUHP) as the dominant choice of criminal sanctions in tackling crime has always received criticism, because in its implementation it does not fulfil with the purpose of punishment. Meanwhile, the current prison sentence is still far from the values of justice, while the Criminal Code Bill has not been ratified. There needs to be an alternative form of criminal sanctions other than imprisonment so that the purpose of punishment can be achieved, then the idea of a criminal outside of prison or what is known as a non-imprisonment is appear. The purpose of this research is to analyse the paradigm shift from imprisonment to non-imprisonment. The research method used is normative juridical. The results of this research are the paradigm shift from imprisonment to non-imprisonment has been carried out by many countries in the world, especially European countries such as the Netherlands, In Indonesia itself, the idea of non- imprisonment began to emerge which is actually started in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, and has even been stated in the Criminal Code Bill. Many problems arise related to the implementation of imprisonment, which are still overcapacity, causing overcrowding. It is felt that non-imprisonment has not fulfilled the intended purpose of punishment. The emergence of the idea about non - imprisonment is expected to be an alternative form of criminal sanctions other than imprisonment. With various alternative forms of non-imprisonment, it is expected that imprisonment will no longer be the main crime and punishment in our country fulfil a sense of justice.
- Copyright
- © 2023 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
TY - CONF AU - Muridah Isnawati AU - Prasista Maolana PY - 2023 DA - 2023/05/13 TI - Paradigm of Shifting Imprisonment to Non-imprisonment in Indonesia Crimination BT - Proceedings of the 1st UMSurabaya Multidisciplinary International Conference 2021 (MICon 2021) PB - Atlantis Press SP - 336 EP - 341 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-022-0_36 DO - 10.2991/978-2-38476-022-0_36 ID - Isnawati2023 ER -