Overview

Original Research

JURIDICAL REVIEW OF SOCIAL WORK CRIMINAL SANCTIONS AS A FORM OF RESTORATIVE JUSTICE IN THE REFORM OF PIDANA LAW IN INDONESIA

HENDRA WIRAWAN 1, RETNO SARASWATI 2, and FIFIANA WISNAENI 3.

Vol 18, No 10 ( 2023 )   |  DOI: 10.5281/zenodo.10089001   |   Author Affiliation: Doctoral Law Program, Faculty of Law, Diponegoro University, Prof. Soedarto, SH. Street, Tembalang, Semarang, Indonesia 1; Lecturer Doctoral Law Program, Faculty of Law, Diponegoro University, Prof. Soedarto, SH. Street, Tembalang, Semarang, Indonesia 2,3.   |   Licensing: CC 4.0   |   Pg no: 1983-1993   |   Published on: 31-10-2023

Abstract

This study aims to analyze the social work criminal sanctions as a form of restorative justice in criminal law reform in Indonesia. The research method used is normative juridical. The results showed that 1) the concept of social work criminal sanctions as the implementation of restorative justice; Criminal social sanctions are part of the manifestation of restorative justice. The urgency of implementing restorative justice is currently considering the effectiveness of criminal sanctions in Indonesia which tend to have a deterrent effect on the perpetrators. Through social work criminal sanctions, it will trigger the emergence of shame for the prisoners and guilt for the actions committed, 2) regulation of social work criminal sanctions in the reform of criminal law in Indonesia; Criminal social work (community service order) which has been adopted into the Draft Criminal Code is a form of criminal sanction that makes social work punishment as another alternative to the deprivation of freedom / freedom.

Keywords

Crime, Social Work, Restorative Justice, Criminal Law Reform.