Lifetime Prison Crime: Perspectives of Criminal Objectives and Community Protection in Indonesia

Abstract

This study aims to understand the life imprisonment policy in the Criminal Code and the 2018 Criminal Code Bill, understand the Life imprisonment policy for convicts and their families viewed from aspects of community welfare and community protection as well as analyzing the formulation of life imprisonment policy modifications in order to achieve the purpose of sentencing. The method used is a qualitative research with a normative juridical approach. The results of this study (1) The policy of life imprisonment in the Criminal Code aims to balance suffering, maintain a peaceful society and deter perpetrators. The 2018 Criminal Code Bill aims at preventing criminal acts, resolving conflicts, restoring balance and bringing a sense of peace in society, re-socializing the convicts, and freeing the convicts from guilt; (2) Life imprisonment policy for convicts and their families is only oriented towards protecting the community. because the convict must serve the sentence of imprisonment for the rest of his life. Community welfare is not realized, because judges are only oriented towards equality of suffering; (3) Indonesia's life imprisonment policy lags behind that of other countries, because there is no modification of punishment as a protection for individual convicts. Conclusions (1) The Criminal Code focuses on community protection while the 2018 Criminal Code Bill is oriented towards community protection and individual protection; (2) Life imprisonment is only oriented to the protection of the community.