Reform of the Sentencing Paradigm in the Indonesian Criminal Law System
Keywords:
criminal law reform, restorative justice, social justice, humanity, PancasilaAbstract
This study aims to analyze the weaknesses of Indonesia's criminal justice system, which remains dominated by a retributive paradigm, and to propose a reform model oriented toward humanity and social justice based on Pancasila values. Using a normative juridical approach through library research, this study examines relevant legal norms, classical and modern theories of punishment, and the implementation of restorative justice both in Indonesia and other jurisdictions. The results show that the retributive paradigm has proven ineffective in reducing recidivism and has created social problems such as prison overcrowding and weak social reintegration of offenders. Therefore, a paradigm shift toward a humanistic and restorative penal system is required, positioning offenders, victims, and communities in an equal relationship before the law. The proposed reform includes reorienting punishment objectives from punishment-oriented to restoration-oriented, adopting non-custodial sanctions, and strengthening rehabilitation-based correctional policies. The findings highlight that successful penal reform depends on the transformation of legal values, institutional structures, and legal culture to realize substantive justice grounded in humanity and social welfare.
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