Indonesia’s bet on non-jail punishments raises questions over fairness and misuse

Indonesia has started allowing courts to sentence some offenders to unpaid community work in places such as schools, city parks or places of worship, instead of jail, under changes introduced in its new criminal code.

The move is meant to ease the pressure on the country’s severely overcrowded prisons, but the jury is still out on whether it can be implemented without weakening the criminal justice system or eroding public trust.

Analysts told The Straits Times that the change – one of the biggest shifts in Indonesia’s criminal justice system in years – risks being misused if it is applied unevenly, potentially benefiting offenders with greater financial means or political connections while leaving poorer defendants to bear the brunt of custodial punishment.

Supervision of the new sentencing regime will therefore be critical, they said, pointing to the need for clear rules on who qualifies for this option, close monitoring of offenders and safeguards to ensure judicial discretion is applied consistently and not abused.

Under Indonesia’s new Criminal Code,

which took effect on Jan 2

, judges can now impose community-based sentences as a form of punishment for certain offenders.

The option is available for so-called minor offences that carry a maximum jail term of five years, and could see a judge imposing no more than six months’ imprisonment or a fine of up to 10 million rupian (S$760), alongside some form of community sentencing.

In other parts of the world, community sentences, a type of non-custodial punishment in place of jail, can include unpaid work or community service, mandatory programmes or counselling, supervision orders, curfews and electronic monitoring or regular reporting to the authorities.

Details are not yet fully available, but the authorities have said that convicts will not be paid for the work, which must total between eight and 240 hours and be completed gradually over a period of up to six months.

Risk of misuse

Having the option for shorter non-custodial sentences could widen the opportunities for selective or politically influenced decision-making by judges, said Associate Professor Yohanes Sulaiman of Jenderal Achmad Yani University in West Java.

“Think about a corrupt or bad child of a politician. Under this system, a judge could justify community service by saying the offender is young, to get on the good side of the politician,” he said.

“That opens the door to abuse and benefits those with power and influence.”

Mr Dedi Dinarto, lead Indonesia analyst at public policy advisory firm Global Counsel, said such risks could ultimately undermine public confidence in the justice system if sentencing is applied inconsistently.

He noted that under the law, individuals who receive prison terms of five years or less remain eligible to run for president or vice-president.

At a press briefing on Jan 5, Deputy Law Minister Edward Omar Sharif Hiariej said judges will have full discretion on sentencing, guided by factors such as an offender’s admission of guilt, ability and willingness to work, social background, occupational safety, religious considerations and capacity to pay a fine.

He added that his ministry will coordinate implementation with the Attorney-General’s Office and the Immigration and Corrections Ministry for such cases.

The greatest risk of misuse lies in unequal access to legal resources and social connections, Mr Dedi said. Wealthier offenders, he noted, are often better positioned to secure non-custodial sentences, while poorer defendants may end up in prison simply because they are unable to meet probation or compliance requirements.

“Past cases show that judges can be susceptible to undue influence, raising public concerns that the system may punish poverty rather than the offence,” he said, referring to how those with no connections or financial means are more likely to bear the brunt of the law.

Coordination challenges

Conceptually, community-based sentencing could be good for Indonesia as it provides a “middle ground”, said Prof Yohanes.

“It satisfies a sense of justice and, on the other hand, the punishment is light enough to be humane. Theoretically, it’s a good thing,” he said.

Besides allowing for more proportionate punishment, such a move could also relieve the burden on the country’s overcrowded prisons.

Official data shows that Indonesia’s prisons are operating far beyond capacity, with more than 274,000 detainees and inmates crammed into facilities built to hold about 150,000 people.

The strain is widespread, cutting across almost all provinces, with some regions especially stretched. In Riau, prisons are holding nearly four times the number of inmates they were designed for. East Kalimantan is at roughly three times capacity, while North Sumatra and Jakarta are both operating at around double their intended limits.

Chronic overcrowding, compounded by understaffing, underfunding, weak management and corruption among prison officers, has long been blamed for riots, escape attempts, drug smuggling and fatal incidents in prisons across the country.

But scepticism over the scheme remains, with human rights lawyer Todung Mulya Lubis, founder and senior partner of Lubis Santosa and Partners, saying that with few details released so far, it is unclear whether the new sentencing approach will reduce overcrowding.

Mr Todung noted that implementing the new sentencing regime will require coordination among multiple agencies, making the process a challenging one.

“Normally, enforcement of sentencing is in the hands of the Minister of Law and Human Rights but, at this point, a division of labour between the Ministry of Law, Minister of Human Rights and Minister of Social Affairs will have to be stipulated,” he said.

For such enforcement to work for Indonesia, intensive supervision and follow-up will be needed, which Mr Dedi said would be onerous across the country’s vast geography.

The Immigration and Corrections Ministry has said it has prepared 968 locations nationwide for community service sentences under the new code, along with 94 correctional facilities to supervise offenders. Assigned locations include school sanitation facilities, places of worship, city parks, orphanages and Islamic boarding schools.

Prosecutors will also help identify suitable types and locations of community work, such as hospitals, orphanages, nursing homes or schools. Placements will be matched to offenders’ skills, officials said, to ensure the sentences benefit society and support reintegration.

Indonesia’s Attorney-General’s Office said prosecutors were issued internal technical guidelines in 2025 and have been instructed to work closely with regional administrations on implementation.

Manpower is a key constraint, with only around 2,700 probation officers now available nationwide. While the government plans to recruit 11,000 more, time and funding will be needed to hire and properly train the new officers, and enforcement will remain patchy until this can be completed, noted Mr Dedi.

Experts said that, perhaps most importantly, safeguards must be put in place to prevent misuse of the new sentencing powers. Mr Dedi said these could include clear eligibility rules, independent assessments of an offender’s suitability, greater judicial transparency and robust monitoring.

Much will hinge on public trust in how the new sentencing regime is enforced, said Prof Yohanes, adding that such trust remains fragile.

“In Indonesia, trust in the justice system and the police is very low, regardless of what surveys say. Many people sadly go to court expecting they will have to pay or bribe someone,” he said.

“So ultimately, we have to wait and see what happens. There’s no precedent for this system, and that’s a major problem.”