Konstruksi Hukum Pidana Denda sebagai Alternatif Pidana Penjara dalam Upaya Mengurangi Overkapasitas Lembaga Pemasyarakatan di Indonesia

Abstract

The application of imprisonment, which still dominates the criminal justice system in Indonesia, has caused various problems, particularly overcrowding in correctional institutions, which has resulted in suboptimal implementation of the prisoner development function. This condition prompted criminal law reform through Law Number 1 of 2023 concerning the Criminal Code and Law Number 20 of 2025 concerning the Criminal Procedure Code, which strengthens the position of fines as an alternative to imprisonment. This study aims to analyze the regulation of fines as an alternative to imprisonment in the Indonesian criminal law system and the effectiveness of its implementation in reducing correctional institution overcrowding. The study uses a normative legal research method with a statutory approach, a conceptual approach, and an analytical approach, supported by primary, secondary, and tertiary legal materials. The results show that the regulation of fines has been strengthened through its placement as a principal punishment, the implementation of a fine category system, and the mechanism for terminating investigations and prosecutions through peace fines in the Criminal Procedure Code. However, its effectiveness still faces challenges in the form of a dominant focus on imprisonment, suboptimal implementation by law enforcement officials, and the need to strengthen implementing regulations so that fines can function optimally as an alternative to imprisonment.