The Indonesian imprisonment Penalty that are regulated in the Criminal Code (KUHP) as the dominant criminal sanction option used in Indonesia in tackling crime always receive criticism. The Criticism are often related to the type of criminal (strafsoort), length of the criminal (strafmaat) and its implementation (straftmodus). This makes the existing Imprisonment Penalty is still far from the values of justice and yet the New Criminal Code which are expected to solve this has not yet passed the bill for years. The main objective of this study is to examine and analyze the weaknesses of the current regulation of imprisonment sanctions and reconstruct the regulation of imprisonment sanctions based on justice values. Theories used to analyze are the theories of justice by Aristotle, John Rawls's theory and Islamic philosophy, criminal policy theory, criminal theory, legislative theory and progressive legal theory. The study was conducted in the perspective of the post-positvism paradigm with the type of socio-legal research and qualitative approach methods. Data collected from a number of literatures, legislation and various public documents, while the data analysis was carried out by the method of qualitative critical analysis. Research Results Shows that the reconstruction of the regulation of imprisonment in the criminal law based on the value of justice is to realize the regulation and implementation of imprisonment in accordance with the value of justice. Alternative criminal formulation policy substitute for imprisonment in the renewal of Indonesian criminal law in the future, which consists of: Penalty of supervision, Penalty of combination between imprisonment and supervision and social work Penalty.