The Verdict of Laras Faizati and a New Era of "Supervisory Penalties" in the National Criminal Code

By H. Imam Santoso

10 Feb 2026 04:46 WIB 10 February 2026 04:46 WIB 4 minutes reading time: 4 minutes 12 read

Updated: 13 Feb 2026 09:16 WIB 13 February 2026 09:16 WIB

The Verdict of Laras Faizati marks a new era of supervisory penalties in the National Criminal Code. What are the implications for freedom of expression?

Vonis Laras Faizati: Babak baru pidana pengawasan dalam hukum pidana Indonesia. (Source: AI Gemini, Redaksi Literasi Hukum Indonesia)

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Table of Contents

Paradigm Shift: From Colonial to National
1. Old Criminal Code (Colonial Heritage)
2. New Criminal Code (Law No. 1 of 2023)
Understanding Supervisory Sentence
What is Supervisory Sentence?
Terms and Conditions (Article 76)
Supervision
Consequences of Violation
Response: Official Appreciation vs. Public Concerns
Official Response
Public Response (Netizens)
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Legal Literacy - The Panel of Judges of the South Jakarta District Court (PN) sentenced Laras Faizati Khairunnisa binti Wahyu Kuncoro, also known as Laras Faizati, to 6 (six) months of supervisory sentence. The defendant was found guilty in the incitement case related to the demonstration, as reported byDandapala (1/15/2026).

This verdict is in the spotlight because it implements a new type of punishment regulated in Law Number 1 of 2023 concerning the Criminal Code (KUHP).

Paradigm Shift: From Colonial to National

The application of supervisory sentence marks a shift in the paradigm of criminal law in Indonesia, leaving behind the colonial legacy towards a more modern national law.

1. Old Criminal Code (Colonial Heritage)

The old Criminal Code did not recognize the concept of supervisory sentence. Based on Article 10 of the old Criminal Code, the principal penalties only consisted of:

Death penalty;
Imprisonment;
Confinement;
Fine; and
Detention.

2. New Criminal Code (Law No. 1 of 2023)

In contrast, the New Criminal Code contains more varied types of penalties. Article 64 divides penalties into principal penalties, additional penalties, and special penalties. Furthermore,Article 65 Paragraph (1) details the principal penalties consisting of:

a. Imprisonment;

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b. Detention;
c. Supervisory sentence;
d. Fine; and
e. Social work.

Understanding Supervisory Sentence

The legal basis for supervisory sentence is regulated in Article 75, where a defendant who commits a criminal act with a threat of imprisonment of a maximum of 5 (five) years may be sentenced to supervisory sentence.

What is Supervisory Sentence?

Although categorized as a principal penalty, supervisory sentence is essentially a method of executing imprisonment outside the institution (non-custodial). This concept is similar to probation inWetboek van Strafrecht, but places more emphasis on guidance. The aim is to help convicts free themselves from guilt without having to experience the negative impacts of the prison environment (stigmatization).

Terms and Conditions (Article 76)

There are a number of strict requirements in its implementation:

Duration: The supervisory period shall be imposed for a maximum period equal to the threat of imprisonment, but shall not exceed 3 (three) years.
Compensation: The convict is obliged to replace part or all of the losses arising from the crime in a shorter time than the supervisory period.
General Conditions: The convict must not commit another crime during the supervisory period.
Special Conditions: The convict is obliged to comply with the judge's decision, such as paying compensation or carrying out/not carrying out certain actions.

Supervision

The execution of this sentence is supervised by the Prosecutor in collaboration with the Correctional Center (BAPAS) as well as the Supervisory Judge and Observer (Kimwasmat).

Consequences of Violation

If the convict violates the conditions during the supervisory period, there are strict consequences:

Violating General Conditions: If the convict commits another crime, he/she is automatically obliged to undergo imprisonment.
Violating Special Conditions: If the convict is negligent (for example, does not pay compensation), at the suggestion of the Prosecutor, the supervisory period may be extended or converted into imprisonment.

Response: Official Appreciation vs. Public Concerns

The verdict against Laras Faizati triggered diverse reactions from various parties.

Official Response

The Chairman of Commission III of the Indonesian House of Representatives,Habiburokhman, assesses that the application of Law No. 1 of 2023 (Criminal Code) and Law No. 20 of 2025 (New Criminal Procedure Code) in this case is a concrete example of law enforcement oriented towards substantive justice. "The law is currently enforced with conscience and not just legal certainty, so that the real benefits are immediately felt by those seeking justice," he said.

Public Response (Netizens)

On the other hand, the public responded with skepticism. Concerns arose regarding the abuse of authority by law enforcement officials which could create loopholes for extortion or criminalization if not supervised by an independent institution.

In addition, this case creates a chilling effect (chilling effect). Although "only" sentenced to supervisory imprisonment, the status as a convict remains. This makes the public hesitant to voice criticism in the public sphere for fear of being considered "insulting" and ending up with a legal verdict.