Criminal Law in Indonesia

Criminal Law in Indonesia according to the criminal law law or known as the Criminal Code, is the main basis of law to uphold justice. This Criminal Code has the original name Wetboek van Strafrecht voor Nederlandsch Indie or was raised to become WvSNI.

Legal provisions imposed in Indonesia for the first time are in accordance with the understanding of Koninklijk Besluit. Legal adjustment for the implementation of WvS in its colonies.

Several articles were abolished and adjusted to the conditions and mission of Dutch colonialism over the territory of Indonesia. WvSNI changed to KUHP and applies to all regions of Indonesia based on law number 1 of 1946.

Regarding criminal law regulations and confirmed by law number 73 of 1958 or LN number 127 of 1958 concerning criminal law regulations for the entire territory of the Republic of Indonesia.

Exposure to Law Number 8 of 1981 Concerning Procedural Criminal Law in Indonesia

Law number 8 of 1981 or commonly referred to as the criminal procedure law (KUHAP). Regulations that form the basis for the implementation of criminal procedural law in the general court environment. Before this law came into force, the Indonesian Regulations were renewed or known as Het Herziene Inlandsch Reglement.

This criminal procedure law is also known as H.I.R. (Staatsblad in 1941 number 44), which is based on article 6 paragraph 1. Law number 1 is an emergency. In 1951, how could it be taken as a guideline on civil criminal cases. This guideline applies by all courts and state prosecutors in the territory of the Republic of Indonesia, except for a number of changes and additions.

Regulations Criminal Law in Indonesia

Even though Law Number 1 is Emergency. However, the provisions contained therein have not yet provided guarantees and protection of human rights, protection of human dignity and values ??

Particularly regarding legal assistance under investigation by investigators or public prosecutors not regulated in R.I.B. Whereas regarding the right to give compensation there is also no provision.

Therefore for the sake of development in the field of law and in relation to matters as explained earlier. Then Het Herziene Inlandsch Reglement (Staatsblad Year 1941 Number 44) deals with and number 1 emergency law.

In 1951 (State Gazette of 1951 number 59, additional state Gazette number 81). All implementing regulations and provisions stipulated in other laws and regulations.

Procedural Criminal Law in Indonesia

As long as it is related to criminal procedural law. It must be revoked because it is not in accordance with the ideals of national law. And replaced with a new criminal procedural law that has a conductive and unification characteristic based on Pancasila. As well as the 1945 constitution, namely law number 8 of 1981 concerning criminal procedural law or known as KUHAP.

2. Written and uncodified sources of law.

The sources of specific criminal law in Indonesia include the Military Criminal Code, and several laws including:

  • Law No. 22 of 1997 concerning narcotics.
  • Law number 5 of 1997 concerning psychotropics.
  • Law No. 31 of 1999 concerning the eradication of criminal acts of corruption.

3. Criminal provisions in non-criminal legislation.
Example: Non-criminal law containing criminal sanctions.

  • Environmental laws.
  • Press law.
  • National education laws.
  • Banking law.
  • Tax laws.
  • Regulate political parties.
  • Election law.
  • Brand legislation.
  • Customs law.
  • Criminal capital market laws.