Reforming the Statute of Limitations under Indonesia’s New Criminal Code: Toward a Modern Criminal Justice System

The discussion on the Indonesian Criminal Code continues and cannot be separated from criticism by various parties. One of the arrangements that has received criticism is regarding living law in society (living law). On the one hand, this regulation emphasizes the existence of living law which is the character of the multi-cultural Indonesian nation. On the other hand, this arrangement is considered to have no legal certainty. This research examines in depth how the urgency of setting living law in the Indonesian criminal law code, as well as examines the existence of this living law in the perspective of progressive law. The research was designed with a normative juridical method. The approach used is a statutory approach and a conceptual approach. The results of the study show that living law arrangements in the criminal law code are very important to provide legal certainty for the existence of indigenous and tribal peoples in Indonesia. Living law arrangements are also in line with the spirit of progressive law enforcement. For law enforcers, especially judges, this arrangement reinforces the provisions of Article 5 paragraph 1 which requires judges to explore, follow and understand legal values and a sense of justice that lives in society.Keywords: Living Law, Progressive Law, Criminal Code

Indonesian Criminal Code that comes from Dutch heritage has to be reconstructed, because it is not in accordance with the state of Indonesia which is now already independent. One of the important principles in the Criminal Code that needs to be reconstructed is the retroactive principle contained in Article 1 paragraph (2) of the Criminal Code. The law can be retroactive as long as it benefits the defendant, not until the convicted person. The purpose of this research is to evaluate retroactive principle in Criminal Code seen from perspective value of religious wisdom, and ideal reconstruction of retroactive principle in next Criminal Code in accordance with perspective value of religious wisdom. Approach method in this research was done with normative juridical, the data used were secondary data by doing the extracting data bibliography, and data analysis were done by using qualitative descriptive method. Based on the values of religious wisdom, especially from the perspective of Islamic law in the case of any change of laws and regulations, in principle, non-retroactive principle (non-retroactive) is applied, but in certain cases the principle can be disregarded in accordance with the principles of "dlarar" and " maslahat ". The ideal reconstruction of the retroactive principle in the case of a change of laws and regulations after an act has occurred, new laws and regulations shall be applied in accordance with prevailing laws and regulations in favor of the producer and to the benefit of the public for certain offenses determined by Constitution.

Crime or violence directed against women is distinct from crime in general. The characteristics of the crime include women victims, their acts against women's rights, and causing harm in the form of physical, psychological, and/or sexual. A year after Indonesia’s independence, this crime against women was regulated along with other crimes in the Criminal Code (Penal Code) through Act No. 1946. 1 on the Rule of Criminal Law, but not by using a special title with a woman's name. Accordingly, the Criminal Code, which according to history is a Dutch colonial heritage, needs to be reformed to become a better Criminal Code. This paper tries to explain the regulation of violence against women in the form of criminal acts of rape in various countries namely Malaysia, India and the Netherlands. This study is normative legal research with a comparative approach. The author will compare the substance of criminal law in the three Criminal Codes. In doing the comparison, the author focuses on the object of criminal law review, especially on the side of the act and penal sanctions.
 Based on the study descriptions of several foreign Criminal Codes (Malaysia, India, and the Netherlands), there are several different things in the rape arrangements in the Criminal Codes. The difference is that in Malaysia and India, the Criminal Code does not distinguish between rape (rape) and Cabul (lewd). Only the arrangement is formulated with intercourse with consent. The types of rape in India and Malaysia are more varied than the Dutch, both in terms of the act, the aspect of the perpetrator and the victim aspect. Nevertheless, the Indonesian Criminal Code is simpler than the Dutch Criminal Code. Malaysian Criminal Code has the most serious penal sanction compared to the other foreign countries (India and the Netherland) and Indonesia. The study of these three different laws in these three countries can open our eyes to reformulate the rape which is more extensively formulated from the aspects of the actions and aspects of the victims with reference from the foreign Criminal Code, and this simple study can be an input of legal material to be processed in accordance with the Nation's values Indonesia.

This study examines criminal liability for defendants suffering from mental disorders, specifically Paranoid Schizophrenia, within the framework of the new Indonesian Criminal Code (KUHP), while also comparing it to provisions under the former Criminal Code. Paranoid Schizophrenia, as a severe mental disorder, often raises debates in criminal law, particularly concerning the capacity of individuals to bear legal responsibility. The purpose of this research is to analyze the comparative concept of criminal liability for defendants with Paranoid Schizophrenia under both the old and the new Criminal Code, as well as to explore the implications of these differences for safeguarding the rights of defendants with such conditions within the criminal justice system. This research employs a normative juridical approach using comparative legal analysis. Primary data were collected through literature review, while secondary data were obtained from interviews to support and reinforce the normative legal analysis. The findings indicate that the new Criminal Code adopts a more progressive and humanistic approach in addressing defendants with Paranoid Schizophrenia by explicitly recognizing mental disorders as grounds for exemption from criminal liability and by emphasizing the necessity of rehabilitative measures. These differences have a direct impact on the legal status of defendants, the sentencing process, and the protection of human rights within the criminal justice system.

Normatively, the act of euthanasia in Indonesia is prohibited because in the Criminal Code it’s classified as a criminal offence as it means deprivation of the patient's life. The Indonesian medical code of ethics confirms the same thing that doctors are not allowed to perform euthanasia because it’s very contrary to their morality, which should protect the patient's life. However, Permenkes No. 37/2014 confirms that doctors can actually perform euthanasia on patients with certain procedures. The purpose of this study is to determine the suitability of the application of euthanasia to terminal condition patients with family consent in Indonesian positive law. The type of research used is normative legal research using a statute approach; conceptual approach; and comparative approach. The results obtained in this study are that the act of euthanasia cannot be classified as a criminal offence if the doctor does it for patients with certain conditions and according to procedures. Thus, if reviewed in positive law, the application of euthanasia in terminal patients with family consent is considered appropriate. Belgium and Luxembourg have legitimised euthanasia in their respective laws and regulations. Indonesia should be able to follow in the footsteps of Belgium and Luxembourg in legitimising euthanasia. The contradiction between the Indonesian Criminal Code and Code of Medical Ethics with Permenkes No. 37/2014 should be harmonised by updating the legislation that more specifically and firmly regulates euthanasia by including the determination of the patient's condition and certain possible procedures in applying for euthanasia, and providing criminal sanctions for doctors who perform euthanasia not in accordance with procedures. This aims to provide legal certainty for doctors and the patient's family when performing euthanasia, and minimise misinterpretation of euthanasia as in the Indonesian Criminal Code.

On the 6th of December 2022, the Indonesian Parliament officially signed the new Indonesian Criminal Code. Although it was signed, the problem is the new Indonesian Criminal Code is still widely rejected by some people in Indonesia one of the reasons is the new Criminal Code decreases democracy and human rights in Indonesia. Indonesia like any other nation had signed several international treaties that focused on human rights, democracy and transparency. The question is the new Indonesian New Criminal code breach Indonesia's commitment to the treaties that protect the human right that it signed? The methodology of this research uses a literature review with the object of an international treaty and uses data and information from internet network tracing which is then expert opinion. The result of the research shows that the new Indonesian criminal code had a potential breach of international commitment to human rights, especially in the freedom of speech and private life because Indonesia lawmakers argue that not all values of human rights will be suitable in Indonesia which is criticized by The United Nation because it's against the universal value of human rights which already ruled in core human rights convention, it can be said that Indonesia had partially breached its international commitment to fully implement the core convention of human rights. This paper will conclude that it’s a big achievement for Indonesia because finally had the original Criminal Code made by the Indonesian but the problem with the new Criminal Code is that Indonesia did not fully integrate with the International Core Convention of Human Rights because of view that not every human right can be implemented in Indonesia although the value of human rights should universal.

The application of the living law concept within Indonesia’s criminal law system, as regulated in the new Criminal Code (KUHP), opens a new dimension in recognizing customary law and social norms that exist within society. This concept seeks to create a legal system that is more responsive to social and cultural diversity, while accommodating local norms within the criminal justice process. However, the recognition of living law also raises significant issues, particularly with respect to the principle of legality in criminal law, legal uncertainty, and the potential for abuse of power by law enforcement authorities. This study aims to analyze the problems associated with the implementation of living law as a basis for criminalization under the KUHP, using a normative juridical approach and relying on both primary and secondary legal sources. The discussion includes the identification of challenges arising from the ambiguity in the acceptance and proof of customary norms in legal practice, as well as these norms’ impact on legal certainty and the protection of human rights. Furthermore, this article proposes alternative approaches to the application of living law that are more selective and firmly grounded in the principles of justice and human rights. The findings indicate that although living law can enhance respect for legal pluralism, its implementation must go through strict and transparent verification mechanisms to prevent legal uncertainty and discrimination. Therefore, clear regulations are needed regarding the recognition and limitations of living law norms within the criminal justice system, along with a more restorative approach to dispute resolution.

Ayelala is a popular deity in the western part of Nigeria. The deity is well known for its efficacy in punishing offenders of law and order when invoked. With 52 participants, this study investigated whether Ayelala should be incorporated into Nigeria Criminal Justice and political Systems. A total of 94% of the participants agreed in one form or the other that the deity is very efficient in punishing offenders of law and order when invoked. For its inclusion in Nigeria Criminal Justice System, 54% wanted it to be included and implemented. The study, therefore, recommended that survey should be conducted in Nigerian society on whether traditional criminal justice system like Ayelala should be included in the Modern Criminal Justice System or not. If the people so desired that it should be included, government should take steps towards the implementation of the decision of the people. Other recommendations are discussed in this paper.

Purpose: This study aims to determine the applicability of the criminal aspects of the Supreme Court Regulations concerning the Procedures for Handling Criminal Acts by Corporations when the Indonesian Criminal Code is in force. Methodology/approach: This research is normative legal research, which uses primary legal materials in the form of the Indonesian Criminal Code and Supreme Court Regulation Number 13 of 2016, secondary legal materials in the form of books and various legal research journals, and tertiary legal materials in the form of information obtained from the Internet. The research approach used is statutory and conceptual. The results of the analysis are presented in a qualitative descriptive manner, and conclusions are drawn in the final stage. Results: The criminalization of corporations in the Indonesian Criminal Code strengthens the applicability of the criminalization of corporations in Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations. Conclusion: PERMA No. 13/2016 regulates the formal and execution aspects of corporate punishment, while Article 56 of the Criminal Code complements it through substantive criminal provisions, thereby strengthening corporate criminal liability in Indonesia. Limitations: The scope of this research is limited to criminal law and the criminal system in corporations in Indonesia. Contribution: This research contributes to the development of knowledge in the field of criminal law and law enforcement, especially regarding the criminal system for corporations.

This study aims to analyze theoretical issues regarding the reformulation of the concept of criminal responsibility towards corporations as subjects in criminal offenses in the field of patents by using the parameters of criminal law doctrine and the new Indonesian Criminal Code. As normative legal research, this research uses statutory, historical, and conceptual approaches. The results of the study concluded that based on construction both in terms of criminal law doctrine and the new Indonesian Criminal Code, the rules regarding corporate criminal liability mechanisms for patent crimes are not recognized in Law Number 13 of 2016 concerning Patents (Patent Law). Bearing in mind that corporate criminal liability is related to patent crimes in the provisions of Article 1 point 13 of the Patent Law, the phrase "everyone" means individuals and legal entities. With the use of this term, of course this has a juridical implication that all criminal provisions in the Patent Law can only be applied to the intended legal subject (individuals and legal entities). Therefore, with this problem, projections are needed that are aimed at reformulating the Patent Law therefore that it does not only cover corporations as subjects. Alternatively, it is also aimed at reformulating the theory used and the model for imposing sanctions that can be applied therefore that it conforms to the criminal law doctrine and the corporate concept in Indonesia's new Criminal Code.

This study explores the legal, social, and psychological impacts of delaying the execution of death sentences under the new Indonesian Criminal Code (KUHP). The introduction of a 10-year probationary period for death row inmates has raised legal uncertainties regarding execution timelines and potential changes in sentencing. The research highlights the psychological strain and potential human rights violations that long delays may cause for those awaiting execution, leading to significant concerns within the criminal justice system. Additionally, it examines how this delay influences the integrity of the legal framework in Indonesia. The study uses a qualitative method with a normative legal approach, focusing on analyzing regulations and interpreting legal norms in practice. Data were collected through an in-depth literature review of legal documents and previous studies.The findings indicate that the delay in execution contributes to a lack of certainty in the legal process, which affects both the detainees' mental health and the public’s trust in the justice system. Psychological effects on death row inmates, such as severe distress and mental deterioration, are significant, while the legal impact shows the need for clearer regulations to ensure justice and prevent human rights violations. The study concludes that reforming execution timelines and legal processes is crucial for improving the fairness and effectiveness of the Indonesian criminal justice system.

KUHP is the result of a critical breakthrough for the Indonesian nation. What is interesting point about the National Criminal Code is that it accommodates the principle of material legality in addition to the principle of formal legality. The arrangement of the quo principle is assumed to be similar to the reality of the relationship between the human body and soul. This article wants to discuss philosophically and conceptually 4 main things related to the reality of the Legality Principles of the Indonesian National Criminal Code. First, discuss the concept of philosophical presuppositions regarding the relationship between Articles 1 and 2 of the National Criminal Code and the relationship between body and soul in human reality according to several philosophers. Second: discuss the basic ontological reality of Article 1 of the National Criminal Code. Third: discuss the basic ontological reality of Article 2 of the National Criminal Code. Fourth: discuss the philosophical relationship between the two provisions of Article a quo. This research is normative legal research with a philosophical and legal approach. The results of the research show: First: the concept of philosophers' thinking, which in its essence really emphasizes the element of human unity as a complete reality composed of soul and body. Second: in ontological reality, the provisions of Article 1 of the Indonesian Criminal Code are laws and are a logical risk of modern law (legal positivism) which prioritizes the reality of visible and objective phenomena. Third: that in ontology the provisions of article 2 of the Indonesian Criminal Code are anthropological facts of the Indonesian people themselves starting from the journey of civilization, Pancasila as the basis of philosophy, the source of all sources of law, and the 1945 Constitution as the source of legal order (normative constitution). Fourth: the form of philosophical relationship between the two a quo provisions appears in the juridical, moral, and sociological synthesis of the new Indonesian Criminal Code.

The enactment of Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) affects the duties and functions of the Prosecutor's Office as a law enforcer, which has tended to be formalistic and procedural, thus encouraging this institution to place more emphasis on fulfilling the principles of justice, the effectiveness of law enforcement, and the protection of victims' rights, while strengthening its strategic role in the prevention and prosecution of criminal acts in accordance with the new norms in the Criminal Code. However, the recognition of the National Criminal Code regarding the existence of living law in society other than written law creates tension between legal certainty and substantive justice (social justice). Prosecutors face a dilemma when an act that is recognized as criminal under customary law is not written in the law, thus creating legal uncertainty in the practice of prosecution. The result of this study is the principle of formal legality Article 1 paragraph (1) of the National Criminal Code which is linear with the view of the school of legalism emphasizes that every act can only be punished based on written law, ensuring legal certainty and protection of human rights. The enactment of Article 2 of the National Criminal Code, the principle of legality has expanded its meaning, which in its regulation recognizes the laws that live in society (living law) and social values, customary norms, and substantive justice in the sense of the principle of material legality. The real implementation can be seen in the innovation of the Bali High Prosecutor's Office through Bale Kertha Adhyaksa Jaga Desa and Umah Restorative Justice, which integrates positive law and customary law of Tri Hita Karana. The Prosecutor's Office now plays an adaptive, humanist, and fair role, guarding social harmony as well as legal certainty.

Judicial interpretation within Indonesia’s criminal justice system presents a complex challenge, particularly with the implementation of the new Criminal Code (KUHP) under Law Number 1 of 2023. The new Criminal Code incorporates legal pluralism, including customary law (living law), creating a tension between the principle of legality and substantive justice. In practice, judges struggle to balance legal certainty with interpretative flexibility to align legal decisions with societal values. This study aims to analyze judicial interpretation patterns in Indonesia’s criminal justice system following the enactment of the new Criminal Code and to identify factors contributing to judicial inconsistencies. Using a normative legal approach combined with legal hermeneutics, this research examines how judges apply legal provisions through an analysis of legislation, court rulings, and relevant legal theories. The findings indicate that most judges still adhere to legal positivism, prioritizing legal certainty, although sociological and teleological approaches are increasingly applied in certain cases, particularly those involving restorative justice. However, inconsistencies in judicial rulings remain a concern due to judicial subjectivity, political pressure, and public opinion. Strengthening legal hermeneutic methodologies in judicial education and developing more binding legal precedents are essential steps to improving judicial consistency and public trust in Indonesia’s criminal justice system.

The purpose of comparative law is to help trace the origins of the development of the same conception of law throughout the world. If examined further, the purpose of comparative law is not merely to find out the differences and similarities rather than the laws being compared, but what is important is to know the causes and background of these differences and similarities. With a comparative study of criminal law, Indonesia can take useful materials, especially in the formation of a quality national criminal law and of course in accordance with current conditions as well as Indonesian ideology and ideals. This is indicated by the material of the Indonesian Criminal Code which urgently needs improvement by incorporating various criminal law arrangements from various countries, of course adjusting to the conditions and ideology of Indonesia. This is reflected in various basic problems such as the principles and concepts of the criminal law. So it is necessary to progressively law enforcement officers in operationalizing the criminal law. In addition, a national legal development policy direction is needed that is oriented towards Indonesian ideology and ideals.