The Transformation of Indonesia's Criminal Law System: Comprehensive Comparison between the Old and New Penal Codes

The old Indonesian Penal Code (KUHP), inherited from the Dutch Penal Code (Wetboek van Strafrecht), is considered no longer relevant to the values of justice and the needs of contemporary Indonesian society. This study aims to compare the criminal law system and the criminal justice system under the new Penal Code, as well as to conduct an in-depth analysis of the fundamental legal principles embedded in both the old and new KUHP. The research employs a normative juridical method with comparative legal approach, analyzing the legal norms within both codes to identify substantial changes. The result indicate that the new KUHP reflects a paradigm shift from a repressive legal system to a more humanistic and restorative model, emphasizing human rights protection, gender-based justice, and the recognition of modern crimes such as sexual violence and organized crime. It also introduces alternative sanctions, including community service and rehabilitation, as efforts to support social reintegration. In conclusion, the new KUHP is not merely a replacement of the old KUHP but a progressive step toward a more inclusive and contextually appropriate criminal law system. Comprehensive implementing regulations and ongoing evaluation are essential to ensure its effective application and real impact on society.

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Publication Details

Journal
Reformasi Hukum
Published
2025-04-27
DOI
https://doi.org/10.46257/jrh.v29i1.1169
Citations
1
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
8.52
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article

The Transformation of Indonesia's Criminal Law System: Comprehensive Comparison between the Old and New Penal Codes

Roby Satya Nugraha, Nandang Kusnadi, Edi Rohaedi, Abid Abid
1 citations
Reformasi Hukum
Indonesian Legal and Regulatory Studies
8.52
article

The Transformation of Indonesia's Criminal Law System: Comprehensive Comparison between the Old and New Penal Codes

Roby Satya Nugraha, Nandang Kusnadi, Edi Rohaedi, Abid Abid
article en
1 citations

Abstract

The old Indonesian Penal Code (KUHP), inherited from the Dutch Penal Code (Wetboek van Strafrecht), is considered no longer relevant to the values of justice and the needs of contemporary Indonesian society. This study aims to compare the criminal law system and the criminal justice system under the new Penal Code, as well as to conduct an in-depth analysis of the fundamental legal principles embedded in both the old and new KUHP. The research employs a normative juridical method with comparative legal approach, analyzing the legal norms within both codes to identify substantial changes. The result indicate that the new KUHP reflects a paradigm shift from a repressive legal system to a more humanistic and restorative model, emphasizing human rights protection, gender-based justice, and the recognition of modern crimes such as sexual violence and organized crime. It also introduces alternative sanctions, including community service and rehabilitation, as efforts to support social reintegration. In conclusion, the new KUHP is not merely a replacement of the old KUHP but a progressive step toward a more inclusive and contextually appropriate criminal law system. Comprehensive implementing regulations and ongoing evaluation are essential to ensure its effective application and real impact on society.

Reformasi HukumVol. 29(1)
Pakuan University (ID)
Openalex Percentile: Top 5%
Indonesian Legal and Regulatory Studies
8.52
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The Transformation of Indonesia's Criminal Law System: Comprehensive Comparison between the Old and New Penal Codes — Roby Satya Nugraha, Nandang Kusnadi, et al. · Reformasi Hukum (2025) | TGRS Research Map | TGRS