THE CRIMINAL LAW POLICY OF SUPERVISION AS AN ALTERNATIVE TO SENTENCING IN THE REFORM OF CRIMINAL LAW

Abstract

Criminal law reform is essential in creating a more effective, fair, and humane justice system. One crucial aspect of this reform is the legal policy of supervised sentencing as an alternative punishment, which aims to reduce dependence on imprisonment and promote the rehabilitation of offenders. This study seeks to analyze the legal policy behind the establishment of supervised sentencing and its implementation in several countries as a reference for Indonesia. The objective of this research is to examine the political framework behind the establishment of supervised sentencing as an alternative punishment in criminal law reform, as well as its implementation in other countries, with a case study of the Netherlands and South Korea. This study employs a normative legal method, aiming to analyze the issue comprehensively. The research findings indicate that the political formation of supervised sentencing as an alternative punishment in criminal law reform seeks to reduce dependency on imprisonment, promote rehabilitation, and enhance the effectiveness of the criminal justice system. The case studies of the Netherlands and South Korea reveal different approaches in its implementation: the Netherlands emphasizes social rehabilitation through conditional sentencing (voorwaardelijke straf), while South Korea enforces stricter supervision using a probation system and electronic monitoring. These findings provide valuable insights for Indonesia in developing supervised sentencing within its New Criminal Code (Law No. 1 of 2023), with the possibility of adopting a hybrid approach combining elements from both countries to create a more flexible and effective sentencing system. Ultimately, this study offers significant recommendations for Indonesia in balancing justice, rehabilitation, and supervision in its criminal justice system.