Criminal fines are considered a strategic solution to reduce overcrowding in Indonesian correctional institutions. The finding was presented by Roberto Sianturi and Adi Mansar from Universitas Muhammadiyah Sumatera Utara in a study published in the April 2026 edition of the International Journal of Education and Life Sciences.
The research highlighted that Indonesian prisons are operating at more than 200 percent of their intended capacity due to the justice system’s heavy reliance on imprisonment. The condition has increased state spending while creating humanitarian concerns, prison conflicts, and reduced effectiveness of inmate rehabilitation programs.
According to Roberto Sianturi and Adi Mansar, the enactment of Law Number 1 of 2023 on the Indonesian Criminal Code marked a major shift in the country’s criminal justice philosophy. The new Criminal Code no longer places imprisonment at the center of punishment, but instead promotes restorative justice that prioritizes social recovery and conflict resolution.
The study positions criminal fines as a strategic instrument to reduce prison populations without eliminating legal accountability for offenders. The revised Criminal Code also regulates fines more comprehensively, including installment payment systems, asset seizure mechanisms, and alternatives such as community service when offenders are unable to pay.
The researchers used a normative juridical method by examining Law Number 1 of 2023, academic journals, legal literature, and statistical data on prison overcrowding in Indonesia. The analysis was conducted qualitatively to assess the effectiveness of fines as an alternative to imprisonment.
The study identified several major findings:
- The new Criminal Code shifts sentencing orientation from retaliation toward social restoration and substantive justice.
- Criminal fines are viewed as more humane because they reduce dependence on imprisonment.
- The fine system is divided into eight categories to ensure proportionality based on the severity of offenses.
- The state has authority to confiscate offenders’ assets if fines remain unpaid.
- Offenders unable to pay fines may be directed to community service or supervisory sanctions instead of automatically being imprisoned.
Despite the progressive framework, the study also identified major implementation challenges. The legal culture among Indonesian law enforcement officials remains heavily prison-oriented. Many judges still prefer imprisonment because it is considered administratively safer and more acceptable to the public.
Economic inequality also presents a serious obstacle. The researchers found that low-income offenders are often unable to pay fines, meaning they could still end up in prison without clear technical regulations governing alternative sanctions.
Roberto Sianturi and Adi Mansar argued that the Indonesian government should immediately issue implementing regulations on criminal fines and community service penalties to ensure that prison overcrowding reduction goals can be achieved. They also emphasized the need to transform the mindset of law enforcement officials so that the success of the justice system is no longer measured by the number of people imprisoned, but by the effectiveness of conflict resolution and social restoration.
The study is considered relevant for policymakers, law enforcement agencies, academics, and the wider public because it offers a more humane and financially efficient approach to criminal justice. If consistently implemented, the optimization of criminal fines could significantly reduce prison overcrowding while strengthening restorative justice practices in Indonesia.
Author Profiles
- Roberto Sianturi - Universitas Muhammadiyah Sumatera Utara in Medan, North Sumatra.
- Adi Mansar - Universitas Muhammadiyah Sumatera Utara
Research Source
Sianturi, Roberto & Mansar, Adi. The Effectiveness of Fines in Addressing Overcrowding in Correctional Institutions. International Journal of Education and Life Sciences (IJELS), Vol. 4 No. 4, April 2026, pp. 490–500.
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