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August 2, 2026Asian Journal of Human ServicesOpen Access

Sentencing Inequality and Social Stratification in Indonesia's 2023 Penal Code

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Authors

MSM. SholehuddinTGTeng Junaidi Gunawan

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Overview

Normative legal study examines sentencing disparities in Indonesia's new penal code, indicating potential inequality.

Key Points

  • To evaluate the Indonesia 2023 Penal Code's adoption of a double track sentencing system and its implications for sentencing equality.
  • Used statutory and conceptual approaches with economic analysis of law.
  • Calculated economic value of imprisonment versus fine sanctions using regional minimum wage data.
  • Analyzed proportionality between fine categories and imprisonment lengths across five penal type categories.
  • Found inconsistent proportionality between fine sanction categories and imprisonment lengths across penal types.
  • Under higher wage assumptions, fine values often fall below imprisonment burdens; under lower wages, fines may meet or exceed imprisonment values.
  • Indicated a lack of consistent equivalence principle in the sentencing system, contributing to potential wealth-based disparities.

Cite This Study

Sholehuddin et al. (2026) studied this question.

synapsesocial.com/papers/6a6eea811b0468a7eeab2c36https://doi.org/10.14391/ajhs.e3004.1.009
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