CRIMINALIZATION AND DECRIMINALIZATION IN THE DRAFT CRIMINAL CODE

Abstract

The reformulation of criminal law necessitates a fundamental shift in societal perspectives concerning the evaluation of specific behaviors. This transformation is intricately entwined with the socio-cultural framework that underpins the community's evolution. Criminal acts, or offenses, are indivisible from the realm of criminal law politics, notably with regard to the determination of whether an act warrants criminalization or should be exempt from classification as a criminal offense through the process of decriminalization. Criminalization is the subject of substantive criminal law that delves into determining an act as a criminal offense, qualifying previously non-prohibited acts as punishable criminal actions. Issues in the renewal of criminal law center around Articles 477, 484, 488, and 881 of the Draft Criminal Code, sparking differing opinions among experts. This study employs a qualitative approach with a descriptive research design. The data analysis in this research is descriptive in nature. The conclusion drawn from this study is that Article 477 of the Draft Criminal Code does not define the concepts of decency and pornography. Article 484, paragraphs (1) and (4), demonstrate an over-criminalization in categorizing all non-marital sexual relations as the offense of adultery, thus excessively regulating private and personal matters of citizens as public affairs. Article 488 of the Draft Criminal Code fails to clarify the indicators of cohabitation, as the condemned action in cases of "living together not under marriage" pertains to the sexual act of fornication. The construction of Article 881 of the Draft Criminal Code is essentially similar to Article 534 of the Criminal Code. However, the use of the phrase "without right" reinforces the concept that those entitled to provide information are those mentioned in Article 483 of the Draft Criminal Code, whereas civil society is not granted the "right" as stipulated in Article 481 of the Draft Criminal Code.