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All Journal Syura: Journal of Law
Muh. Sabaruddin Sinapoy
Universitas Halu Oleo
Law, Crime, Criminology & Criminal Justice

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Decolonization, Nationalization, and Modernization of Indonesian Criminal Law:: Rethinking the New Indonesian Criminal Code Guswan Hakim; Muh. Sabaruddin Sinapoy; Rezky Amelia; Aqidatul Awwami; Alouisius Alan Sanjaya; Anip Aura Jalab Nur; Djuarsih S. Tutu; Maria Josella; Sukirman Sukirman; Jufri Jufri; Sirfan S. Tutu
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.1102

Abstract

The reform of Indonesian criminal law represents a historical process of legal transformation that has evolved from the colonial period to the enactment of Law Number 1 of 2023 on the Criminal Code, which entered into force on 2 January 2026. This study aims to examine the transformation of Indonesian criminal law through the perspectives of decolonization, nationalization, and modernization and to assess its relevance to the development of the national criminal justice system. This study employs a normative-historical legal research method using historical, statutory, and conceptual approaches. The legal materials consist of legislation, historical documents, legal books, and scholarly journal articles. The findings demonstrate that Indonesian criminal law reform has not developed as a linear process, but rather as a process of reconstruction involving the efforts to overcome the colonial legal legacy, establish a national legal identity, and respond to developments in modern criminal law. Decolonization is reflected in efforts to end reliance on the colonial criminal code, while nationalization developed gradually through Law Number 1 of 1946 and Law Number 73 of 1958 and culminated in the enactment of the New Indonesian Criminal Code. Modernization is reflected in changes in sentencing objectives, the strengthening of alternative sanctions, recognition of living law, corporate criminal liability, and a restorative orientation. Thus, the enactment of the New Indonesian Criminal Code does not mark the end of criminal law reform but constitutes a new stage requiring regulatory, institutional, and legal-cultural harmonization.
From Political Subordination to Instituional Autonomy? The Historical Transformation of Juridical Independence in Indonesia Muh. Sabaruddin Sinapoy; Guswan Hakim; Firman Tobelo; I Gede Arya Arimbawa; Iktimal Camari; La Ode Muh. Fajar Indasa; Rahmat Manaf; Tiara Ayuni Wulandari
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.1113

Abstract

his study examines the historical transformation of judicial independence in Indonesia from the Old Order and New Order to the Reform Era, focusing on changes in institutional mechanisms through which political authority may influence the judiciary. It employs normative legal research using statutory, historical, and conceptual approaches. The primary legal materials include the 1945 Constitution of the Republic of Indonesia and its amendments, alongside legislation governing judicial power across different political periods. The findings demonstrate that judicial independence evolved from explicit legal authorization of presidential intervention during the Old Order, to administrative control through the dual-roof system during the New Order, and subsequently to stronger institutional autonomy through the one-roof system in the Reform Era. Although constitutional and legislative reforms strengthened formal guarantees of judicial independence, institutional autonomy alone does not necessarily ensure substantive independence. Transparent judicial appointments, clearly defined oversight mechanisms, accountability, and professional integrity remain essential to protecting impartial adjudication. The study argues that judicial independence should be understood not as a completed outcome of legal reform, but as an ongoing institutional process shaped by the interaction between constitutional guarantees, governance arrangements, and professional practices. This historical perspective helps explain how potential mechanisms of political influence may change even as formal protections for judicial independence become stronger.
Co-Authors Alouisius Alan Sanjaya Anip Aura Jalab Nur Aqidatul Awwami Djuarsih S. Tutu Firman Tobelo Guswan Hakim I Gede Arya Arimbawa Iktimal Camari Jufri Jufri La Ode Muh. Fajar Indasa Maria Josella Rahmat Manaf Rezky Amelia Sirfan S. Tutu Sukirman Sukirman Tiara Ayuni Wulandari