APPLICATION OF CONDITIONAL PENALTIES IN THE KUHP AND PROJECTION OF THE USE OF CONDITIONAL PENALTIES IN THE NEW INDONESIAN CRIMINAL CODE

Penerapan Pidana Bersyarat dalam KUHP dan Proyeksi Penggunaan Pidana Bersyarat dalam KUHP Baru

Abstract

The application of conditional sentences is an alternative sentencing method that aims to avoid the negative impacts of imprisonment, especially in minor cases. In practice, the application of conditional sentences has not been optimally utilized by judges, even though its provisions are stipulated in Articles 14a to 14f of the Criminal Code (KUHP). This research is motivated by the importance of encouraging the implementation of more humane and rehabilitative forms of sentencing, using the case study of Decision Number 108/Pid.B/2019/PN.JKT.PST as the point of analysis. The purpose of this study is to describe the use of conditional sentences in the Criminal Code and to project their application in the New Criminal Code, which has introduced supervision as a refinement of conditional sentences. The method used in this research is a normative juridical method with a qualitative approach and literature review as data collection techniques. The results show that in the Zulhom Ramadhan case, the judge did not impose a conditional sentence even though it was legally possible, reflecting the continued dominance of a repressive approach in sentencing practice. The New Criminal Code provides broader opportunities for implementing restorative punishment through supervision, which has the potential to be a more effective, efficient, and just punishment instrument in the context of the modern criminal justice system.