Social Work Penalty as the Alternative of Imprisonment

Abstract

Social work penalty is a new type of penalty listed in the draft of KUHP. The purpose of te imposition of social work penalty for the perpetrators is to cause embarrassment for committing such crimes so that to establish a deterrent effect. The imposition of this sanction will reduce the stigmatization of imprisonment, so it is necessary to understand what the background and how the prospect as an alternative to imprisonment is. The method used to solved the problem is the normative juridical method, as well as the aim to be achieved are to contribute ideas to the development of criminal law. Social work penalty is not applied to all criminal acts which are punishable by imprisonment. In addition, the judges are also required to consider several matters, one of which is the defendant’s acknowledgement of a crime committed so that the perpetrators realized their mistake(s). If the judge are not careful on applying this punishment, then it is feared that there will he disparities which will harm the perpetrators. It is hoped that with the enactment of the new KUHP, social work penalty can be carried out according to its objectives.