Substantive Criminal Law

Abstract

The sources of Indonesian criminal law are numerous. The backbone of substantive criminal law is the Criminal Code (KUHP), which was first applied in Indonesia during Dutch colonialism in 1918 and endorsed in 1946, after Independence. Today, most of this Code remains intact but for a handful of additions and deletions. Criminal law reform has proceeded largely through enactment of ‘special criminal laws’ governing particular offences. The government has, for many years, recognized that the Code is out-of-date, and replacements have been drafted and debated but none agreed upon. The most recent draft, which this chapter discusses, retains or adds controversial offences, including defamation, prostitution, homosexuality, and blasphemy. Meanwhile, Aceh province has had authority to impose its own criminal laws, based on Islamic law, since 2006. These are, by modern standards, archaic and appear to breach a range of human rights, both domestic and international.