The Problem Of The Application Of Prison Sentences For The Elderly In Cases Of Petty Theft As An Evaluation Of The Theory Of The Purpose Of Punishment In Indonesia

Abstract

This study analyzes the application of prison sentences to elderly perpetrators in cases of minor crimes in Indonesia, focusing on the dynamics of law enforcement that often ignore the human aspects and biological age of the perpetrators. The main problem raised is the imbalance between formal legal certainty and substantive justice felt by the community when the elderly have to undergo physical punishment in correctional institutions that have exceeded capacity. Using normative legal research methods, this journal dissects various laws and regulations and penological theories to see the extent to which imprisonment for the elderly is still relevant to the goals of modern punishment. The focus of the study is directed at the urgency of implementing restorative justice and providing a more humane alternative punishment for vulnerable groups. The results of the study show that imprisonment for the elderly in cases of small-scale theft tends to have a negative impact on the physical and mental health of the perpetrator without making a significant contribution to reducing crime rates. On this basis, it is necessary to update the penal policy that provides special restrictions and different treatment for criminal offenders who have entered the old age in order to maintain the dignity of the law.