The reform of criminal law in Indonesia through Law Number 1 of 2023 concerning the Criminal Code introduces a new paradigm in the criminal justice system by emphasizing a more humane, proportional, and restorative approach. The conventional retributive model, which focuses primarily on punishment, is considered insuff...
The enactment of Law Number 1 of 2023 on the Indonesian Criminal Code represents a significant transition from a colonial formal legality model toward a criminal law system that recognizes living law. This article examines the urgency of customary criminal law in national criminal law reform by focusing on the position...
The reform of the Indonesian Criminal Code through Law Number 1 of 2023 signifies a shift in criminal policy toward a more humanistic and rehabilitative approach to punishment. The increasing complexity of crime necessitates crime control policies that go beyond retributive sanctions and emphasize the treatment of offe...
This study examines the meaning of the phrase “minor nature of the act” in Article 54 (2) of the 2023 Criminal Code (KUHP) as the basis for a judge’s decision to grant leniency. The issue arises because the 2023 Criminal Code does not provide clear parameters regarding the measure of “the minor nature of the act”, whil...
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