PIDANA KERJA SOSIAL SEBAGAI ALTERNATIF PEMIDANAAN DALAM KITAB UNDANG-UNDANG HUKUM PIDANA BARU : IMPLEMENTASI, LANDASAN TEORETIS, DAN PROSPEK KEBERLANJUTAN

Abstract

The modernization of Indonesian criminal law marked by the enactment of the new Criminal Code (KUHP) on January 2, 2026, officially ended the use of colonial criminal law and introduced social work punishment as a non-custodial sentencing alternative. This study aims to analyze the legal basis, implementation mechanisms, and effectiveness of social work punishment by grounding the analysis on four legal theories: utilitarianism, restorative justice, rehabilitation and resocialization theory, and criminal law reform theory. The research employed a normative legal method with statutory, conceptual, and comparative approaches. The results indicate that the implementation of social work punishment significantly contributed to reducing prison overcrowding from 108.0% (2019) to 75.0% (2023) and lowering recidivism rates to 15.0% compared to 45.0% under traditional imprisonment. The implementation mechanism is dominated by administrative aspects (34.0%) and the role of related institutions (33.0%), supported by social work reports that serve as instruments of transparency and accountability in the judicial process. However, the implementation still faces challenges regarding limited resources, inter-agency coordination, and public perception. This study concludes that the success of social work punishment depends on the professionalization of social workers, standardization of operational procedures, and the government's sustained commitment to ensuring effective, transparent, and equitable criminal law reform.