Ahead of enforcing community service under Indonesia’s 2023 Criminal Code: Insights from the Netherlands experience

Introduction to the Problem: Through the new Criminal Code adopted in 2023, Indonesia has introduced community services as one of the possible criminal punishments for criminal offenders. Given this new approach to punishment, little attention has been paid to how community service could be implemented in Indonesia. As such, this study references the Dutch practice, as one of the pioneers of community service, to acquire preliminary insights into how this type of sanction is conducted. Purpose/Study Objectives: This study examines the potential implementation of community services in Indonesia by analyzing how community service is conceptualized in the Criminal Code and by contributing insights into how the Netherlands has regulated and imposed such punishment. Design/Methodology/Approach: This study employs the normative method through statute approach to collect and examine how community services in Indonesia and the Netherlands are legally framed. Furthermore, a case study approach was also conducted to collect Dutch criminal cases to explore the factual context under which the judiciary decides to impose community services on the defendant. Findings: According to Indonesia’s Criminal Code, community service is only applicable under certain formal and material requirements upon criminal acts that are punishable by less of 5 years imprisonment where the judges impose a maximum of 6 months imprisonment or a criminal fine of Rp.10.000.000. Community services can also be imposed as a substitute sanction for offenders who have failed to pay an amount of fine of Category II or did not fulfill adat sanctions. Several examples of community services in the Netherlands are discussed in this Article to provide a glimpse of how this type of sanction is administered and how judges consider imposing it.