Criminal Cage and Prison in the Indonesian Criminal Law System

In a criminal justice system in Indonesia, imprisonment and prison are forms of general sentences imposed on perpetrators of criminal acts to uphold justice and provide a deterrent effect. However, there are still many who do not understand the difference between imprisonment and prison. This article will thoroughly examine the criminal confinement and prison, ranging from understanding, legal basis, differences, impacts, to examples of cases of application.

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Understanding imprisonment

Imprisonment is a form of punishment in the form of seizure of independence convicted for a certain period of time. The convict is placed in a Penitentiary (Lapas) or a State Detention Center (Detention Center) to undergo its criminal period. During a prison sentence, the convicted loss of most of his rights as citizens, although basic rights such as the right to get food, health care, and worship are still guaranteed.

Imprisonment consists of life imprisonment or for a certain time. Imprisonment for a certain time the shortest one (1) day and a maximum of 15 years in a row, based on Article 12 paragraph (1) and (2) Criminal Code (“KUHP”). However, it could be that imprisonment was handed down for 20 consecutive years in the condition of Article 12 paragraph (3) of the Criminal Code. Imprisonment for a certain amount of time must not exceed 20 years, according to Article 12 paragraph (4) of the Criminal Code.

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Understanding Criminal Callia

Criminal imprisonment is also a form of punishment in the form of deprivation of independence, but usually for a shorter period of time than imprisonment. Criminal imprisonment is generally imposed as a substitute for criminal fines that are not paid by the convict. In some cases, imprisonment can also be imposed as a basic punishment for minor criminal acts.

The period of imprisonment is at least one (1) day and a maximum of one (1) year, based on Article 18 paragraph (1) of the Criminal Code. If there is a criminal weight due to the union or repetition or because of the provisions of Article 52 of the Criminal Code, imprisonment can be added to one (1) year four (4) months, based on Article 18 paragraph (2) of the Criminal Code.

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The legal basis for criminal confinement and prison

The legal basis for criminal confinement and prison in Indonesia is mainly regulated in:

1. The Criminal Code is the main source of criminal law in Indonesia and contains provisions regarding imprisonment and confinement, including the maximum and minimum period of time, as well as conditions in which each type of criminal can be imposed.
2. Law Number 1 of 2023 concerning the Criminal Code. This law is the latest regulation of the Criminal Code that applies in 2026, and of course also regulates the provisions related to criminal confinement and prison.
3. Law Number 12 of 1995 concerning Corrections. This law regulates the correctional system in Indonesia, including the rights and obligations of convicted, as well as the objectives and implementation of imprisonment.
4. Law Number 22 Year 2009 concerning Road Traffic and Transportation. Generally, this law regulates provisions related to imprisonment.
5. Other laws and regulations. Other laws and regulations relating to criminal procedural law also contain provisions governing the implementation of criminal imprisonment and prison.

Also read: Criminal Acts of Movement: Understanding, Type, and Saksi in Indonesia

The difference between imprisonment and prison

Following are the differences between imprisonment and prison:

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Legal and social impacts for convicted

Criminal imprisonment and prison have a significant impact on convicted, both in terms of law and social. These impacts include:

1. Loss of independence. The convicted loss of independence to move, interact, and carry out daily activities.
2. Social stigma. The convict often experiences social stigma after leaving the Penitentiary, which can make it difficult for them to get a job or integrated back to the community.
3. Psychological impact. Taking a sentence at a correctional institution can have a negative psychological impact on convicted, such as depression, anxiety, and social isolation.
4. Economic impact. Families of convicted can also be affected by economic, especially if the convict is the backbone of the family.

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Examples of cases of application of criminal confinement and prison

Examples of imprisonment

The UI Student Murder Case by his senior in 2023. The Public Prosecutor (JPU) of the Depok District Attorney (Kejari) demanded that the defendant Altafasalya Ardnika Basya (23) was a death sentence regarding the planned murder case against Muhammad Naufal Zidan (19). In this case, the prosecutor assessed that Altaf had violated Article 340 of the Criminal Code regarding premeditated murder, which was threatened with capital punishment or life imprisonment or for a certain time, a maximum of 20 years.

Examples of Criminal Criminal

The action of a 2 -wheeled motorized vehicle driver who does not use a vehicle mirror. The function of the rearview mirror is to help the driver to ensure that the current condition is conducive to turn the vehicle. Based on Law Number 22 Year 2009 concerning Road Traffic and Transportation, Article 285 paragraph (1), the driver is sentenced to a maximum imprisonment of 1 (one) month or a maximum fine of Rp. 250,000.00 (two hundred and fifty thousand rupiah), if the vehicle is not equipped with a rear view mirror.

Also read: Additional criminal crimes in criminal cases: Definition, Types, and Case Examples

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(This article has been edited by the perqara editorial team)

Legal basis

1. Criminal Code;
2. Law Number 1 of 2023 concerning the Criminal Code;
3. Law Number 12 of 1995 concerning Corrections;
4. Law Number 22 Year 2009 concerning Road Traffic and Transportation.

Reference

1. Aditya Priyatna Darmawan and Rizal Setyo Nugroho. “Flashy case of the murder of a UI student by his senior, the perpetrators were demanded to be a death sentence”. Accessed May 4, 2025.