Studi Komparatif Pelaksanaan Pidana Kerja Sosial di Belanda dan Malaysia sebagai Rekomendasi Pelaksanaan Pidana Kerja Sosial di Indonesia
Ilham Maulana Fajari, Diantika Rindam Floranti, S.H., LL.M
2025 | Skripsi | ILMU HUKUM
This research aims to identify and analyze the regulations and implementation of community service penalties in the Netherlands and Malaysia as criminal sanctions. Furthermore, it seeks to draw lessons learned from both countries for the future implementation of community service penalties in Indonesia.
The research method employed is a normative legal research method. This involves studying secondary legal materials, such as statutory regulations, supported by tertiary legal materials, which include relevant literature on the discussed issues. The research is also supported by interview data from several sources pertinent to the research topic.
The results of this study lead to two conclusions. First, the Netherlands and Malaysia have differences in the regulations related to the implementation of community service orders within their legal systems. The Netherlands regulates community service orders from its Criminal Code (KUHP) down to government decrees, while Malaysia only regulates community service orders within its Criminal Code and child protection laws, supplemented by a standard operational module for community service orders. The Netherlands and Malaysia also have different programs for implementing their community service orders, and the authorized institutions also differ. The Netherlands has an independent institution, whereas Malaysia designates a division within the Department of Social Welfare as the implementer of community service orders. Second, Indonesia already has a form of punishment that can be considered similar to community service orders, namely conditional community service in the Juvenile Criminal Justice System Law (UU SPPA). However, the implementation of community service still faces obstacles that affect its execution. Indonesia has recognized community service orders in its new Criminal Code (UU KUHP), but to date, no specific implementing regulations have been found. Based on the implementation of community service orders in the Netherlands and Malaysia, several recommendations are proposed: creating a clear legal framework, developing an implementation module, formulating varied programs, and preparing an institution to be the implementing body for community service orders
Kata Kunci : Hukum Pidana, Pelaksanaan Pidana, Pidana Kerja Sosial