THE DEVELOPMENT OF THE CRIMINAL LAW PARADIGM IN INDONESIA

Abstract

The formulation of Indonesian criminal law has been influenced by the principle of concordance, which involved the adoption of colonial law from the Netherlands. After relying on the Dutch Criminal Law as a guideline for several decades, the Indonesian government established the National Criminal Code to incorporate Indonesian values into the legal system. This research also raises two questions as problem formulation, namely whether the concordance principle is still applicable in Indonesia, and whether the development of the legal system in the country serves the best interests of the nation. To address these questions, the research adopts a prescriptive legal research method, which aims to uncover the coherence between legal norms, principles, and behavior. The study employs both a conceptual approach, to understand the underlying philosophy of the rule of law, and a historical approach, to trace the evolution of Indonesian criminal law over time. The Indonesian criminal law system has undergone significant changes, transitioning from the concordance principle to the adoption of the Dutch Criminal Code. The reforms introduced in the National Criminal Code seek to reflect a more just culture and approach to justice. The code emphasizes corrective, restorative, and rehabilitative justice, with a particular focus on prevention, the rights of victims, and the rehabilitation of offenders. It is crucial that criminal sanctions are established through legislation and adhere to the principle of proportionality. This renewal of the legal system is expected to foster a more equitable and rights-based approach to justice in Indonesia, ultimately benefiting the nation as a whole.