Legal Literacy - This article explores the differences between the old Criminal Code (KUHP) and the new Criminal Code. Want to know what sets them apart? Check out the following explanation!

Introduction

The enactment of the new Criminal Code (KUHP) on December 2, 2022, marks a new chapter in the history of Indonesian criminal law. Replacing the old Dutch colonial-era KUHP, the new code is expected to bring positive changes to the criminal justice system.

However, this transition has not been without controversy. The stark differences between the two codes have sparked heated debate among the public and legal experts. Understanding these differences is key to grasping the direction and impact of criminal law reform in Indonesia.

Crucial Differences and Their Impacts

Legality Principle in the Old Criminal Code and New Criminal Codes:

  • Old Criminal Code: Adopts a strict legality principle, which means only acts explicitly regulated by law can be punished. Analogies are not allowed.
  • New Criminal Code: Still adheres to the strict legality principle, but with some exceptions. Analogies are allowed in certain situations, such as to protect the public interest.

Impact:

  • The New Criminal Code offers more flexibility for judges in sentencing, but it could lead to legal confusion and inconsistent verdicts.
  • It is crucial to ensure that the application of analogies is cautious and measured so as not to undermine the legality principle.