Reform of the Penal System in Indonesian Criminal Law: Challenges and Opportunities

Resumen

This article examines the reform of the penal system in Indonesia, particularly after the enactment of the new Criminal Code (KUHP 2023), and explores the various challenges and opportunities associated with transitioning toward a more modern, proportional, and restorative criminal justice system. Using a qualitative normative method, this study analyzes doctrinal literature, statutory reform, criminological theory, and current Indonesian legal scholarship. The results indicate that Indonesia is moving toward penal diversification, restorative justice implementation, and the reduction of prison overcrowding. However, significant obstacles remain, including institutional resistance, inconsistent sentencing practices, limited restorative infrastructure, and public mistrust of non-custodial penalties. This article integrates recent academic findings, including those of Rahmayanti (2017), Ramadani (2023), Ismaidar et al. (2024), and Sumarno (2024), to provide a comprehensive evaluation of penal reform and its implications for justice, human rights, and institutional strengthening.