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All Journal Jurnal Bina Mulia Hukum
Muhammad Yasin Ali Gea
Faculty of Law, University of North Sumatra
Law, Crime, Criminology & Criminal Justice

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The Non-Penal Paradigm in Modern Criminal Procedure: A Conceptual Analysis of the Regulation of Actions Beyond the Main Criminal Code in the National Criminal Code Rasina Padeni Nasution; Ali Yusran Gea; Muhammad Yasin Ali Gea; Calvin Calvin
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.2445

Abstract

The enactment of the National Criminal Code (Law Number 1 of 2023) introduces a significant conceptual development in Indonesian criminal law through the formal recognition of measures (maatregel) as non-penal responses to criminal acts. This study examines the conceptual problem underlying the separation between punishment and measures, questioning whether measures function merely as complementary instruments or represent a paradigmatic reconfiguration of the objectives of criminal law. Using a normative juridical method with statutory and conceptual approaches, this research analyzes the theoretical foundation of measures within the framework of modern penal policy and the dual track system. The study argues that the regulation of measures reflects a structural shift from a retributive orientation toward a model emphasizing correction, rehabilitation, and social protection. Conceptually, measures reposition criminal law as an adaptive mechanism that integrates legal certainty with proportionality and preventive rationality. The novelty of this research lies in clarifying the analytical role of measures as an autonomous conceptual category that reshapes the relationship between culpability, responsibility, and state intervention beyond conventional punitive logic. These findings demonstrate that the new KUHP not only expands judicial discretion but also redefines the function of criminal law in addressing complex social harms.
Co-Authors Ali Yusran Gea Calvin Calvin Rasina Padeni Nasution