Reformulating Sentencing Regulations For Recidivism: A Perspective Comparing The Old And New Criminal Codes

Abstract

Recidivism is a persistent issue within the Indonesian criminal justice system, reflecting the continued commission of repeat offenses by offenders. The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) has introduced changes to the sentencing regulations for recidivism as part of the national criminal law reform. This study aims to analyze the reformulation of recidivism sentencing regulations from the perspectives of both the Old Criminal Code and the New Criminal Code, and to formulate an ideal model for this reformulation. The study employs a normative legal research method, utilizing both statutory and conceptual approaches. The findings indicate that the regulation of recidivism in the Old Criminal Code focused on sentence enhancement based on formal criteria, whereas the New Criminal Code prioritizes sentencing objectives, proportionality, and the individualization of punishment. This study proposes a reformulation model involving the refinement of recidivism criteria, the development of sentencing guidelines for judges, the strengthening of integrated criminal data administration systems, and the optimization of rehabilitation and social reintegration. This model is expected to foster a sentencing system that is fairer, more proportional, and effective in reducing recidivism rates in Indonesia.