The Impact Of Changes In Fines In The New Criminal Code On Social Justice And Prison Conditions In Indonesia

Abstract

This study examines the significant reforms introduced by Indonesia's new Criminal Code (Law Number 1 of 2023), particularly the shift toward criminal fines as alternatives to imprisonment. It employs a normative juridical method with statutory and conceptual approaches. The findings show that restructuring fines into eight categories (Article 79) and providing non-custodial alternatives such as supervision and community service (Articles 81–82) may strengthen distributive justice and reduce prison overcapacity. However, its effectiveness depends on institutional readiness, an objective assessment of offenders' economic capacity, and a shift in law enforcers' legal culture. The study concludes that diversifying criminal sanctions is essential to achieve rehabilitation and social reintegration within a fairer and more proportional criminal justice system.