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Title: Sentencing alternatives as a solution for prison overcrowding in Indonesia
Authors: Ahmad Tholabi Kharlie
Mara Sutan Rambe
Erwin Hikmatiar
Keywords: sentencing alternatives;overcrowding;correctional institution
Issue Date: 2020
Publisher: Journal of Xi'an University of Architecture & Technology
Series/Report no.: Vol. XII;Issue II
Abstract: This study analyzes the formulation of regulations and policies for sentencing alternatives in the penal system as an effort to reform criminal law in Indonesia. The sentencing alternatives refer to here are social work law and restorative justice. Imprisonment, for example, is a type of criminal sentences which is always addressed to all types of crimes although many parties have criticized it considering it is ineffective in realizing the goal of sentencing, identifying perpetrators of crimes and protecting society from the crimes. This raises the view concerning the need for an alternative to imprisonment in the way the goal of sentencing can be realized. Social work as an alternative to imprisonment, for instance, is expected to deter the perpetrators from committing other crimes in the future and be ashamed of they have done (perpetrator-oriented approach).In the meantime, victim restitution is intended to avoid the perpetrators to feel guilty about the victims and eliminate conflicts between them (victim-oriented approach). In short, both social work and restitution as alternatives to imprisonment are thus expected to realize the goals of sentencing which cannot be achieved by imprisonment.
ISSN: 1006-7930
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