Implementation of Criminal Social Work Based on the National Criminal Code from the Perspective of Justice and Legal Benefit

Abstract

Community work is an alternative to short-term imprisonment which aims to provide an opportunity for perpetrators of criminal acts to improve themselves and improve their social relations with the community. The objectives of this study: 1). To find out and analyze the implementation of social work according to Law Number 1 of 2023 concerning the Criminal Code; 2.) to find out and analyze social work from the perspective of the principles of justice and legal benefits; 3.) To find out and analyze the weaknesses of social work based on the National Criminal Code from the perspective of justice and legal benefits. This study uses an empirical legal approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of legal certainty and the theory of the legal system. The results of the study conclude that: 1) The implementation of social work according to Law Number 1 of 2023 concerning the Criminal Code, namely the application of Social Work, must first pay attention to the readiness of HR infrastructure, facilities and infrastructure, and budget needs so that it can be an effective and optimal alternative to short-term imprisonment; 2). Community service punishment in the perspective of the principle of justice and legal benefits is the application of community service punishment as an alternative to short-term punishment can provide an effective solution to criminal law problems in Indonesia, especially in the context of overcapacity of correctional institutions. Community service punishment not only reduces the burden on the criminal justice system, but also reflects the values of justice and legal benefits that focus on the social reintegration of offenders. However, the success of its implementation is highly dependent on clear regulatory support, human resource readiness, and community involvement; 3). The weakness of community service punishment based on the National Criminal Code in the perspective of justice and legal benefits is that it does not regulate the minimum number of hours a day a convict must commit a crime and there is no supervisor such as a supervisor to oversee the course of this crime.