Development of Criminal Law and Criminal Law Policy in Indonesia
The development of criminal law in Indonesia reflects adaptation to social changes and new challenges, but progressive reforms are still needed
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Legal Literacy- Criminal law in Indonesia has undergone significant developments since the Dutch colonial era to the modern era. This development includes changes in laws and regulations, law enforcement policies, and adaptation to new challenges that arise in society. The history of criminal law in Indonesia began during the Dutch colonial period, whereWetboek van Strafrecht voor Nederlandsch-Indie(WvSNI) was adopted as the official criminal law in 1918. This law regulates various criminal acts and sanctions applied in the Dutch East Indies. The legal basis for its validity to date is based on Article II of the Transitional Provisions of the 1945 Constitution of the Republic of Indonesia and remains in effect based on Law No. 1 of 1946.
After Indonesia's independence in 1945, WvSNI remained in use and enforced throughout Indonesia, WvSNI remained in effect based on Law No. 1 of 1946. Since January 2, 2023, the President has ratified Law Number 1 of 2023 concerning the Criminal Code (KUHP), and it will be enforced in 2026. Thus, the KUHP, which is a colonial legacy, is officially no longer valid. This step is certainly a major step forward for the Indonesian Government, which has succeeded in forming a new KUHP as part of Indonesian positive law, without relying on colonial heritage.
The birth of the 2023 KUHP cannot be separated from the background of increasingly rapid changes and developments in society, which of course bring various negative impacts. In dealing with this, criminal law needs to be structured with a more comprehensive and in-depth approach. If criminal law is only based on concepts, principles, and theories aimed at overcoming social problems in the past, its existence will be considered less relevant. In fact, criminal law may be outdated and unable to keep up with changes and the needs of society today, which expects a more appropriate and adequate criminal law.
The development of criminal law in Indonesia is not only limited to changes in legislation, but also includes reforms to the criminal justice system. One of the important rules that forms the basis of the criminal justice system in Indonesia is Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP). In the KUHAP, an integrated criminal justice concept is applied which refers to the principle of clear division of functions among law enforcement officials. This principle stipulates that each law enforcement institution, such as the police, prosecutors, courts, and correctional institutions, has different duties and authorities, but remains interconnected in carrying out the law enforcement process.
However, the development of criminal law in Indonesia also faces various challenges. One of them is the high rate of crime involving narcotics. The Indonesian government has taken various steps to overcome this problem by issuing Law No. 35 of 2009 concerning Narcotics, including the application of the death penalty for narcotics criminals. The death penalty is formally stated in a special chapter regarding the criminal provisions of the law mentioned previously. The death penalty is not regulated materially in the law. The provisions regarding the death penalty are only regulated materially in the KUHP and Police Regulations. This policy has sparked pros and cons, both domestically and among the international community.
In addition, corruption is also a serious problem in the Indonesian criminal law system. To overcome this problem, the government formed the Corruption Eradication Commission (KPK) in 2002 in accordance with Law Number 30 of 2002 as an independent institution tasked with handling corruption cases. The KPK has broad authority, including coordination, supervision, monitoring, investigation, prosecution, and examination in court hearings as well as confiscation of assets related to corruption crimes. The existence of the KPK is expected to reduce the level of corruption and increase public trust in the criminal law system. Apart from the Narcotics Law, the death penalty is also regulated in the Law on Corruption Crimes, but the court has never imposed the death penalty on perpetrators of corruption crimes. This is also one of the factors that there is no deterrent effect from corruptors.
In recent years, Indonesia has also faced new challenges in the form of cybercrime. The development of information and communication technology has opened up opportunities for criminals to commit crimes through the internet. To overcome this problem of
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