Paradigma Baru Pemidanaan Dalam KUHP Nasional: Analisis Jenis, Tujuan, Dan Pedoman Penjatuhan Pidana

Abstrak

Background: This study analyzes the new paradigm of punishment in the National Criminal Code (Law No. 1 of 2023) which marks a fundamental transformation of the Indonesian criminal law system from a retributive approach to a restorative-rehabilitative model. The issues studied include the conception of types, objectives, and guidelines for punishment as a manifestation of the new paradigm, the implications of the regulation of guidelines for punishment on the independence of judges in making decisions that meet the principles of justice, legal certainty, and benefit, as well as challenges and implementation strategies in Indonesian criminal justice practice. Research Method: The study uses a normative legal method with a statutory and conceptual approach, supported by an analysis of primary legal materials in the form of the National Criminal Code and related regulations, as well as secondary legal materials in the form of scientific literature and contemporary criminal law doctrine. Research Results: shows that the National Criminal Code introduces diversification of types of punishment including supervision and community service as alternatives to deprivation of liberty, formulates four objectives of punishment that adopt a combined theory in Articles 51-52, and establishes comprehensive punishment guidelines in Articles 53-56 that provide a framework for consideration for judges without limiting judicial independence. The punishment guidelines have the potential to reduce punishment disparities through standardization of judges' considerations, but their implementation faces challenges in the form of limited institutional infrastructure, resistance to changes in legal culture, and the need for regulatory harmonization. The implementation strategies required include the preparation of implementing regulations, strengthening institutional capacity, sustainable capacity building, and monitoring-evaluation mechanisms to ensure that the transformation of the punishment system runs optimally in realizing justice, legal certainty, and benefits for the Indonesian people.