New Criminal Code to Take Effect in 2026, Community Service as a Humane Alternative to Imprisonment
By: Juana Syahril*
The implementation of community service as an alternative to imprisonment marks a new chapter in national criminal law reform. This policy will be implemented with the enactment of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) in January 2026. The introduction of community service demonstrates the state’s commitment to creating a penal system that is more oriented toward restoration, social recovery, and community benefit.
The Minister of Immigration and Corrections, Agus Andrianto, stated that community service will be implemented after the new criminal law regulations officially take effect. This policy is designed as part of the transformation of the correctional system, emphasizing not only punishment but also the development and social responsibility of perpetrators. With this approach, criminal law is expected to play an active role in restoring social balance within society.
The implementation of community service represents a concrete manifestation of the shift in the paradigm of punishment from a retributive to a restorative one. In this context, criminals are not simply separated from society through imprisonment, but are instead directed to make direct positive contributions. This approach is believed to foster legal awareness while strengthening empathy and social awareness.
As a preparatory step, correctional officials will strengthen coordination with local governments. Heads of Correctional Centers play a strategic role in designing alternative types of work and relevant social work locations. This collaboration aims to ensure that social work provides real benefits to the community while supporting the offender’s ongoing rehabilitation process.
Local government involvement is a crucial foundation in the implementation of social work. Each region has different social needs, so the types of activities implemented can be tailored to local conditions. Through this mechanism, social work serves not only as a legal instrument but also as a means of community empowerment and strengthening social solidarity.
The commitment to implementing social work is also reflected in the steps taken in West Java. The West Java High Prosecutor’s Office and regional governments throughout West Java have signed a memorandum of understanding to prepare for the implementation of social work as an alternative to imprisonment. This step demonstrates the region’s readiness to support national policies that prioritize the principles of restoration and recovery.
The signing of the memorandum of understanding was attended by the Deputy Attorney General for General Crimes (JAM-Pidum) Asep Nana Mulyana, the Governor of West Java, Dedy Mulyadi, and the regents, mayors, and heads of district attorneys’ offices throughout West Java. This cross-institutional synergy strengthens the foundation for the implementation of community service, ensuring it is effective, measurable, and in accordance with legal provisions.
The Deputy Attorney General for General Crimes (JAM-Pidum), Asep Nana Mulyana, stated that community service is an alternative punishment model implemented outside of correctional institutions. This model is designed without coercion, without commercialization, and is based on applicable laws and regulations. This approach emphasizes that community service aims to foster, not merely punish.
Community service also provides space for criminals to remain productive and contribute to their communities. By avoiding imprisonment, offenders can avoid the negative impacts of imprisonment, including the risk of exposure to a criminal environment. At the same time, the community directly benefits from the social activities undertaken.
This policy is part of the implementation of the new Criminal Code as stipulated in Law Number 1 of 2023. Community service will be applied to minor offenses with a penalty of under five years. Through this policy, the state seeks to create a balance between legal certainty, justice, and humanity in the criminal justice system.
In its implementation, the Prosecutor’s Office will collaborate with local governments to provide community service programs and facilities tailored to community needs. Activities will include maintaining public facilities, cleaning places of worship, and providing services at social institutions and orphanages. These activities are designed to be both educational and have a direct impact on the social environment.
Overall, the implementation of community service through the new Criminal Code underscores the direction of Indonesian criminal law reform, which is more progressive and oriented toward community recovery. With cross-agency support, local government preparedness, and thorough planning, community service is expected to be effective.It is an effective instrument for creating justice that not only punishes but also restores and strengthens social order in a sustainable manner.
In addition to having a positive impact on offenders and society, community service is also expected to contribute to addressing the problem of overcrowding in correctional institutions. By diverting minor offenders from prison to community service, the state can optimize the function of correctional institutions as a more focused rehabilitation center for serious criminals.
The implementation of community service is expected to be an important foundation for building a just and humane legal culture. Through a sentencing mechanism that encourages responsibility, care, and recovery, the new Criminal Code serves not only as a legal instrument but also as a means of building collective awareness that law enforcement can go hand in hand with strengthening social values.
)* The author is a Bogor student living in Jakarta
