Keywords
SARA PATAANGUNA, social work, crime, new Criminal Code, restorative justice, Buton culture, Indonesia
Indonesia’s new Criminal Code (Law No. 1 of 2023) marks a paradigm shift from retributive justice towards rehabilitation and restorative justice, introducing social work crimes as an alternative to imprisonment. However, the effectiveness of these sanctions depends on their integration with local cultural values.
This study employs a normative juridical approach with a comparative perspective. Data were collected through a literature review, analysis of the new Criminal Code, and an examination of the philosophical values of SARA PATAANGUNA from Buton culture. The analysis compares the four pillars of SARA PATAANGUNA—Bonto (morality), Bicara (communication), Guna (skills), and Rank (leadership)—with modern penal principles emphasizing rehabilitation and restorative justice.
The findings indicate that the values of SARA PATAANGUNA are substantially aligned with the humanistic goals of the new Criminal Code. Each pillar offers a practical framework for social work crimes: Bonto provides a moral foundation for behavioral change; Bicara facilitates mediation and reintegration; Guna equips offenders with economic skills; and Rank empowers them to become positive community contributors.
Integrating SARA PATAANGUNA values into the implementation of social work crimes offers a more humanistic and culturally relevant approach to justice. This integration supports offender rehabilitation, victim recovery, and social harmony. However, its application requires safeguards to uphold human rights principles and legal certainty. Further empirical research is recommended to assess the practical impact of this integration.
SARA PATAANGUNA, social work, crime, new Criminal Code, restorative justice, Buton culture, Indonesia
The Indonesian criminal justice system is experiencing a substantial shift due to the implementation of the new Criminal Code (Law No. 1 of 2023). This codification transforms the philosophical basis of punishment from a solely retributive paradigm to one that prioritises rehabilitation, victim restitution, and the restoration of societal harmony.1,2 A significant innovation within this framework is the statutory recognition of social work crimes as an alternative consequence, especially for minor offences. This strategy seeks to offer a more compassionate and efficacious response to criminal behaviour than short-term incarceration, which frequently intensifies problems of prison congestion and recidivism.3
Concurrently, there is an increasing acknowledgement of the necessity to “indigenise” the criminal justice system by incorporating local knowledge and cultural values.4 The Buton community in Southeast Sulawesi has a significant philosophical system called SARA PATAANGUNA. This system consists of four fundamental pillars: Bonto (morality), Bicara (communication), Guna (skills), and Rank (leadership), collectively establishing a thorough ethical foundation for societal existence and government.5
The new Criminal Code establishes a legal framework for social work offences; nonetheless, a notable deficiency persists in comprehending how these penalties might be applied efficiently and ethically in alignment with local cultural contexts.6 Previous research has investigated the theoretical congruence of the new Criminal Code with restorative justice principles,2,7 although limited studies have assessed the feasibility of incorporating particular, localised value systems such as SARA PATAANGUNA.
This research examines whether the values of SARA PATAANGUNA provide a more humanistic perspective within the Indonesian criminal justice system, particularly with social work offences. This paper seeks to examine the congruence between the SARA PATAANGUNA pillars and contemporary criminal ideologies, utilising a social work sentence as a case study to demonstrate its practical significance. The results aim to enhance the establishment of a more culturally informed, compassionate, and efficient justice system in Indonesia.
This study utilises a normative juridical research methodology, entailing the methodical analysis of legal principles and doctrines through the examination of legal resources.8 A comparative approach is utilised to evaluate the congruence between traditional values and formal legal doctrines.
The study employs three classifications of legal resources:
▪ Primary Legal Materials: Law No. 1 of 2023 (the revised Criminal Code of Indonesia), particularly the clauses concerning the objectives of punishment and offences related to social service.
▪ Secondary Legal Materials: Scholarly literature, journal articles, and books pertaining to restorative justice, criminal law reform, and Indonesian indigenous knowledge, encompassing studies on Buton culture and SARA PATAANGUNA.
▪ Tertiary Legal Materials: Legal dictionaries and encyclopedias to assist in the interpretation of fundamental concepts.
The study includes a case study: the Pulang Pisau District Court’s ruling, which sentenced defendant Danda Hermawan to 120 hours of community service for the offence of persecution. This instance serves as a tangible illustration to contextualise the theoretical study.
The analysis involved a comparison of the principles inherent in the four SARA PATAANGUNA pillars (Bonto, Bicara, Guna, Rank) with the objectives of punishment outlined in the new Criminal Code and the fundamental principles of contemporary penal philosophies, specifically rehabilitation and restorative justice.
The analysis demonstrates a robust conceptual congruence between the four pillars of SARA PATAANGUNA and the humanistic values of the new Criminal Code, as illustrated in the Table 1.
The case of Danda Hermawan, guilty of persecution, exemplifies the manifestation of these beliefs. The Pulang Pisau District Court substituted a two-month incarceration with a 120-hour community service obligation to be executed at the local Social Service.9 This decision signifies a transition from punitive incarceration to a rehabilitative paradigm. Danda’s obligation to partake in community service facilitates the implementation of the Bonto, Bicara, Guna, and Rank principles, transitioning from mere punitive measures to constructive social engagement.
The Bonto, which prioritises morality and ethics, constitutes the foundation of the entire rehabilitative process. In the realm of social work, this principle manifests as initiatives that promote self-reflection and ethical consciousness. Bonto advocates for the offender to comprehend the consequences of their acts, assume accountability, and pledge to effectuate constructive transformation, rather than seeking mere revenge. This is accomplished through organised activities such as mentorship with community leaders, reflective journaling, or engagement in conversations on ethical conduct.10 The objective is to assist the offender in internalising a feeling of societal responsibility, thereby ensuring the sustainability of behavioural change.
The foundation of communication (Bicara) is essential for remedying the damage inflicted by the crime. Its focus on honesty, empathy, and active listening equips individuals with the necessary capabilities for effective mediation between the perpetrator and the victim. A planned discourse enables the victim to articulate the crime’s impact while the offender provides a genuine apology, which is essential for restorative justice.11 Moreover, Bicara facilitates the offender’s rehabilitation by dismantling stigma. Through respectful communication and the restoration of trust, the offender can reintegrate into the community following the completion of their term.
The Guna pillar tackles the fundamental reasons of crime by providing offenders with practical skills. A social work program founded on this approach would not merely allocate menial chores but also facilitate access to vocational training according to local labour market demands. For an offender like Danda, this may entail vocational training in fields such as carpentry, agriculture, or small company management. Upon completion, obtaining formal certification and assistance for job placement or entrepreneurship offers a credible route to economic independence, hence diminishing the likelihood of recidivism.12
Ultimately, the Rank pillar redefines the offender’s position from a passive recipient of punishment to an active participant. This entails enabling individuals to assume activities that enhance the community, such as mentoring at-risk adolescents, coordinating neighbourhood clean-ups, or participating in local development initiatives. Acknowledging and recognising positive leadership during or after the social work sentence aids in restoring the offender’s self-esteem and illustrates their worth to society, so promoting the objective of social peace.13
This study illustrates that the SARA PATAANGUNA values provide a cohesive and resilient framework for executing social work crimes in Indonesia. The four pillars—Bonto, Bicara, Guna, and Rank—serve as concrete cultural frameworks that offer practical direction for developing rehabilitative programs that prioritise humanism and efficacy over mere vengeance.
The results align with prior studies supporting restorative justice in Indonesia2,7 while offering a tangible, culturally tailored framework for execution. This research is one of the first to rigorously align a specific indigenous value system with the formal legal framework of the new Criminal Code, despite prior studies recognising the significance of local wisdom.4
Nonetheless, the integration of SARA PATAANGUNA presents certain challenges. A key worry is the possible discord between cultural traditions and global human rights ideals. Traditional hierarchies may unintentionally affect the allocation of social work, potentially resulting in discrimination.14 To address this, any implementation must include explicit safeguards, comprehensive training for judges and correctional staff, and supervision procedures to guarantee that the use of these principles does not undermine individual rights or legal certainty.15
This work is, however, theoretical in nature. Future empirical investigations are crucial to assess the actual consequences of this technique. Research should quantify recidivism rates, evaluate the efficacy of offender rehabilitation, and analyse the experiences of victims and communities affected by the implementation of such a strategy.
This study concludes that the principles of SARA PATAANGUNA provide a substantial and humanitarian framework for the execution of social work offences under Indonesia’s revised Criminal Code. The four pillars—Bonto (morality), Bicara (communication), Guna (skills), and Rank (leadership)—are strongly aligned with the objectives of rehabilitation, victim recovery, and social peace. Integrating these values, especially in indigenous territories such as Buton, can enhance the effectiveness, cultural relevance, and humanity of the justice system.
This study advocates Indonesian politicians and legal professionals to include SARA PATAANGUNA values into the formulation and implementation of social work initiatives. Such integration must be executed with meticulous regard for the preservation of human rights, the assurance of legal clarity, and the provision of comprehensive training for all parties. Additional empirical research is essential to substantiate these findings and establish optimal procedures for the indigenisation of criminal justice in Indonesia.
Herman: Conceptualization, Data Curation, Formal Analysis, Investigation, Methodology, Writing – Original Draft Preparation, Writing – Review & Editing.
Oheo Kaimuddin Haris: Resources, Software, Visualization, Writing – Original Draft Preparation, Writing – Review & Editing.
Fareed Mohd Hassan: Supervision, Writing – Original Draft Preparation, Writing – Review & Editing.
Kamaruddin: Supervision, Writing – Original Draft Preparation, Writing – Review & Editing.
Wahyu Aliansa: Resources, Software, Visualization, Writing – Original Draft Preparation, Writing – Review & Editing.
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Is the work clearly and accurately presented and does it cite the current literature?
Yes
Is the study design appropriate and is the work technically sound?
Yes
Are sufficient details of methods and analysis provided to allow replication by others?
Yes
If applicable, is the statistical analysis and its interpretation appropriate?
Yes
Are all the source data underlying the results available to ensure full reproducibility?
Yes
Are the conclusions drawn adequately supported by the results?
Yes
Competing Interests: No competing interests were disclosed.
Reviewer Expertise: criminal, crimes
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Version 1 09 May 26 |
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