Tuesday, 21 June 2011

Saying Good Bye To Prison Sentence Draft Of The New Penal Code

The implementation of prison sentence has left an unsolved problem. Even it has tendency toward further corruption cases in the correctional institutions. It has been fought by a radical who wishes to replace prison sentence, even trying to replace the criminal justice system with a system based on mediation (conflict solving) where prison sentence no longer exists.

Prison sentence does not bring goodness, but just creates new criminals. Actually, prison sentence is established to correct a criminal’s behavior so after the person concerned was released from correctional facility, he will be able to become law-obedient citizen.

Considering the many negative perceptions about prison sentence, there are various renewal attempts, such as set forth in the Draft of Revised Penal Code. Prison sentence in the draft of the new Penal Code is only securing of a criminal and alternatives to correct criminal behavior and to minimize crime rate.

Provisions regarding prison sentence should be revised or should at least have a clear direction and objective, whether It is to teach lesson, for state interest or for the interest of the criminal concerned or the victim.

Several countries no longer apply the prison sentence, especially short term imprisonment which is considered not too effective. Criminal punishment may be replaced with daily penalty as applied in Scandinavian countries, or social work punishment like in the United Kingdom. Small theft case, fraud or blackmail should not be punished with prison sentence.

Any alternatives of criminal punishment have been formulated in the new Pebnal Code applicable nationally, to replace the old Penal Code of colonial legacy. The new penal code will be more humanistic in the framework of teaching lesson, and for concrete and rational development.

Criminal law should be able to change the behavior of the society, and becomes an agent of change.

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