Non-Custodial Sanctions Policy in Renewing the Criminal System in Indonesia (Study of Non-Custodial Sanction Approaches in Draft Law of the Criminal Law)

Abstract

. Non-custodial sanctions are formulated in the Law Draft on the National Criminal Code (RUU KUHP) with various forms and criteria in terms of their application, as determined in Article 70 of the Criminal Code Bill. The problem in this research is what is the philosophical basis for determining non-custodial sanctions policies in the Criminal Code Bill is? Moreover the study searches for the crime and how the measurement/criteria in determining the appropriate non-custodial sanctions imposed on the perpetrators of criminal acts based on the Criminal Code Bill. This study aims to examine and analyze the philosophical basis for determining non-custodial sanctions policies in the Criminal Code Bill, as well as studying and analyzing criminal acts and measures/criteria in determining the appropriate non-custodial sanctions imposed on perpetrators of criminal acts based on the Criminal Code Bill. This research is a normative study using secondary data obtained from library materials. Results showed, in essence, the philosophical basis for determining non-custodial sanctions policies in Criminal Code Bill respecting and upholding human rights, and creating a balance based on religious, moral values of divinity, humanity, nationality, citizenship, and social justice for all people Indonesia. Furthermore, the imposition of non-custodial sanctions for perpetrators of crime guided by the provisions of Article 71 of the Criminal Code Bill. Based on the results of the study, it is recommended that the Criminal Code Bill immediately passed into law and non-custodial sanctions prioritized by law enforcement in handling criminal cases.