Indonesian Judicial System on Probation

Abstract

This study investigates the application of probations in Indonesian court decisions in relation to the sentencing objective. Using a normative legal method that is then studied qualitatively, this study also investigates the optimum probation structure inside the Indonesian legal system. This study shows that, relative to incarceration, the use of probation in court rulings in Indonesia remains minimal. This is due to the fact that the existing regulations do not precisely govern the implementation of probationary punishment, and there are still differences of opinion among law enforcement officials regarding the method of imposing this sentence. Also, people continue to believe that incarceration is the sole possible punishment for criminals. Second, an ideal probationary sentence arrangement is attained if the current legal system functions optimally in terms of legal substance, legal structure, and legal culture, such that the goal of an integrative sentence is ultimately attained.