Criminal Policy with A Treatment of Offenders Orientation in the New Indonesian Criminal Code

Résumé fourni par la source

The reform of the Indonesian Criminal Code through Law Number 1 of 2023 signifies a shift in criminal policy toward a more humanistic and rehabilitative approach to punishment. The increasing complexity of crime necessitates crime control policies that go beyond retributive sanctions and emphasize the treatment of offenders. This article aims to analyze how the new Criminal Code reflects a treatment of offenders approach in the functionalization of criminal law, as well as to examine the dynamics between theory and practice in its implementation for crime control in Indonesia. This study employs a normative juridical method by analyzing statutory provisions and criminal law literature. The discussion reveals that the new Criminal Code normatively incorporates treatment of offenders through the formulation of sentencing objectives, individualized sentencing guidelines, and the expansion of non-custodial sanctions. Nevertheless, a significant gap remains between normative ideals and practical implementation due to institutional limitations, resource constraints, and the persistence of a retributive legal culture. Therefore, the effectiveness of criminal policy oriented toward the treatment of offenders depends not only on normative reform but also on consistent implementation and the strengthening of supporting institutional frameworks.