Harmonization of Indonesian Criminal Law Through the New Criminal Code Towards Humane Law

Abstract

Objective: The material criminal law currently in effect in Indonesia is a criminal law inherited from the Dutch colonial era, promulgated by Law Number 1 of 1946, which is enforced in accordance with the principle of concordance, which means the application of existing laws in the Netherlands to Indonesia. The problem discussed in the research is How is Law 1/2023 on the Criminal Code harmonized which repeals the previous law? How does society respond to changes in the substance and type of punishment in the new Criminal Code.
  
 Method: The method used in the form of normative juridical with a descriptive analytical approach. The new Criminal Code consists of 2 (two) books, namely Book One and Book Two. Book One of the Criminal Code contains 205 articles which regulate starting from the scope of application of criminal statutory provisions; criminal acts and criminal liability; convictions, penalties and actions; the abolition of prosecutorial authority and criminal implementation.
  
 Result: The results concluded that the new Criminal Code regulates the application of unwritten laws such as customary law and customs, this would be contrary to the principle of "nullum delictum" which requires that a crime can be imposed if there is a law that first regulates it. The novelty of this research is the need to regulate what crimes can be resolved using unwritten law or customary law.
  
 Conclusion: The conclusion obtained is that there is not yet harmony between the principles and substance that regulate actions and the type of punishment that will be imposed and there are various disapproving responses from the public because the criminal regulations in the new KHUP are not yet harmonious. Hopefully a new regulation will be formed or a new Criminal Code will be revised to create a harmonization of criminal law in the future.