Martinus Bosko Sinaga
Universitas Pembangunan Panca Budi Medan

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The Existence of Customary Criminal Law within National Criminal Law after the Enactment of the New Criminal Code Andronius Basado Siahaan; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar; Martinus Bosko Sinaga; Sonya Evalin Br. Silalahi
The Future of Education Journal Vol 5 No 2 (2026): Continued
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1812

Abstract

The existence of customary law in the reform of national criminal law is a critical issue within the context of Indonesia’s pluralistic legal system. As the indigenous law of the Indonesian people, customary criminal law is, in essence, an integral part of the Indonesian legal system. The reform of Indonesian cri minal law to replace colonial criminal law has accommodated customary criminal law as the basis for its legalization or recognition within the New Criminal Code (KUHP). This study examines the existence of customary criminal law within the national criminal legal system following the enactment of the new Criminal Code (Law No. 1 of 2023). This topic was chosen because it highlights the urgency of recognizing local legal values (living law) within the national system. The research employs a literature review method with a normative legal approach. These findings are crucial for strengthening the synergy between national law and local wisdom to foster an inclusive legal system.
The Formulation Policy of the Death Penalty in the New Criminal Code and Its Problems regarding the Principle of the Right to Life as a Non Derogable Right Sonya Evalin Br. Silalahi; Sumarno Sumarno; Suci Ramadani; Andronius Basado Siahaan; Martinus Bosko Sinaga
The Future of Education Journal Vol 5 No 2 (2026): Continued
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1821

Abstract

The dynamics of the death penalty in Indonesia have undergone significant changes in tandem with the revision of the Criminal Code (KUHP). The death penalty is the oldest form of punishment, involving the taking of the life of a perpetrator of a serious crime, and has been part of the Indonesian legal system from the era of kingdoms to the modern era. The implementation of the death penalty in Indonesia has evolved, ranging from traditional methods to executions by firing squad in accordance with statutory regulations. The reform of criminal law in Indonesia has become an increasingly urgent necessity in light of social developments, technological advancements, and the increasingly complex and diverse nature of crime. Law No. 1 of 2023 on the new Criminal Code (KUHP) serves as a comprehensive effort to replace the colonial-era Criminal Code and align the national criminal justice system with the current conditions of Indonesian society. This study aims to examine the current policy on the formulation of the death penalty in Indonesia’s criminal legislation and to analyze the envisioned legal framework regarding the death penalty in Indonesia for the future. The application of this punishment has sparked a heated debate between those who support it viewing the death penalty as a deterrent and an exceptional tool for crime prevention—and those who oppose it on the grounds of human rights violations and the risk of injustice. The methodology used in this study is juridical-normative, utilizing secondary data from legal regulations, literature, and academic journals. The approach applied is a conceptual one, analyzing the discussion from the perspective of relevant theories and concepts. The analysis is conducted qualitatively by examining the application of the death penalty model from the perspective of criminal law theory. This approach reflects an orientation toward rehabilitation and respect for human rights.