Reform of the Criminal Justice System: Decarceration Policy in the Context of Indonesian Criminal Law

Abstract

This paper analyzes Indonesia's penal system reform by positioning decarceration as a key strategy to reduce reliance on prisons, address overcrowding, and strengthen public safety. Normatively, the 2023 Criminal Code (KUHP) has affirmed non-imprisonment as the principal punishment through Article 64 and Article 65 paragraph 1, and provides cautionary guidelines regarding prison sentences derived from Article 70. Downstream, Law 22/2022 concerning Corrections provides instruments for remission, assimilation, and social reintegration. This research uses a juridical normative approach with a comparative analysis of the Tokyo Rules and international policy evidence on smart decarceration. The results indicate that the effectiveness of decarceration depends on three factors. First, prosecution and sentencing guidelines that prioritize community service and supervision for low-risk cases. Second, strengthening the capacity of correctional centers and Community Guidance Officers, along with community service networks, to reduce crime risk factors. Third, transparent and auditable data governance to monitor compliance and recidivism. Policy recommendations include the development of a sentencing grid for targeted cases, pilot projects in several courts, integration of public performance dashboards, and a mechanism for victim recovery through restitution. In conclusion, Indonesia has a sufficient foundation to transform its criminal justice system toward a more humane, proportionate, and sustainable model, provided that the upstream and downstream policy package is implemented consistently and based on evidence [1][4].