Judge Consideration Parameters in Deciding Criminal Cases for Elderly Defendants Based on Article 148 of Law No. 20 of 2025

Abstract

The treatment of elderly defendants within the criminal justice system requires an approach that is not only oriented toward legal certainty but also takes into account the humanitarian conditions of the defendant. The enactment of Law Number 20 of 2025 concerning the Criminal Procedure Code introduces specific provisions regarding elderly persons through Article 148. This provision grants elderly persons the right to appropriate services, facilities, and infrastructure according to their physical and psychological conditions, as well as access to elderly healthcare services. More importantly, it provides that imprisonment should, as far as possible, not be imposed on defendants over 75 years of age based on judicial considerations and the judicial provisions of the Criminal Code. This study aims to analyze the parameters that judges may use in determining decisions involving elderly defendants and to examine the relationship between Article 148 of Law Number 20 of 2025 and the sentencing guidelines contained in Law Number 1 of 2023 concerning the Criminal Code. This research employs a normative juridical method using a statutory approach and a conceptual approach. The findings indicate that advanced age does not eliminate criminal responsibility; However, the age and personal circumstances of the defendant must be seriously considered in determining the type and severity of punishment. The parameters include the defendant's age, physical and psychological health, degree of culpability, motive and purpose of the offense, social and economic circumstances, life history, conduct after committing the offense, the impact of punishment on the defendant and the victim, victim forgiveness, and the values ​​of justice and humanity. Therefore, the application of Article 148 should be directed toward proportional, individualized, and humane sentencing while maintaining due consideration for the interests of victims and the protection of society.