International Journal of Humanities and Social Science Research

Authors
Irman Syahriar

Abstract
Indonesia's criminal justice system tends to be very rigid, so that even the smallest cases will usually continue until they are detained or even imprisoned. Not to mention the lack of alternative detention and imprisonment alternatives that are not well available. In this study using a normative juridical approach. While the data analysis method used is a normative qualitative analysis. With the sentencing guidelines in legislative policies, judges in terms of implementing regulations as applicative policies can impose more just, humane punishments and have juridical, moral justice and social justice signs. Concretely, the logical consequence of this aspect is that the judge's decision or court decision is expected to be closer to justice that reflects the values ​​that live in society. However, the reality is that in Indonesia there are no sentencing guidelines that can serve as a barometer and catalyst for judges. Understanding of the weaknesses of imprisonment, the lack of alternative efforts to imprisonment is also caused by the reluctance of other criminal justice sub-systems in implementing non-criminal measures. Developments in international legal instrumentation basically emphasize the need to implement community-based corrections, through changes in the national legal system, namely by encouraging the regulation of other basic crimes, such as supervision or social work, as well as encouraging the regulation of non-judicial mechanisms such as diversion policies and restorative justice.