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All Journal Pembaharuan Hukum Jurnal Ragam Pengabdian Lentera Negeri
Siagian, Darwin Steven
Fakultas Hukum, Universitas Mitra Bangsa, Indonesia
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penyesuaian Kurikulum Hukum Pidana dan Tantangan dalam Mengintegrasikan Materi KUHP Nasional ke dalam Pendidikan Tinggi Hukum di Indonesia Darwin Steven Siagian
Jurnal Ragam Pengabdian Vol. 3 No. 1 (2026): Januari-April. Synergy of Research and Community Service for Community Empowerm
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/r3ch1p54

Abstract

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) marks a fundamental transformation of Indonesia’s criminal law system toward a nationally codified framework grounded in corrective, rehabilitative, and restorative justice. The transitional period prior to its full implementation presents challenges for legal higher education institutions, which have traditionally been oriented toward the Wetboek van Strafrecht (WvS). This study analyzes the challenges of integrating the 2023 KUHP into the curriculum and explores adaptation strategies among academic communities. A normative juridical method with conceptual and comparative approaches is employed to examine differences between the old and new Criminal Codes, as well as curriculum policies. The findings reveal three main issues: dualism in teaching materials, the need to reorient lecturers’ understanding of new legal principles, and the limited availability of supporting literature. The integration of the 2023 KUHP requires an integrative curriculum reform and a transformation of legal mindset; therefore, higher education institutions must align their curricula and strengthen academic discourse to prepare graduates who are adaptive to legal developments.
Reformulating the principle of legality in the 2023 criminal code: legal certainty versus living law Darwin Steven Siagian
Lentera Negeri Vol. 7 No. 1 (2026): Lentera Negeri
Publisher : Indonesian Institute For Counseling, Education and Therapy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/992420

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code signifies a paradigm shift in the national criminal law system from a rigid model of legal certainty based on lex scripta and lex stricta toward a more flexible approach to criminal law enforcement. Nevertheless, the recognition of the “living law in society” (living law) under Article 2 of the 2023 Criminal Code gives rise to constitutional concerns regarding the consistency of the formal principle of legality. This study aims to critically examine the implications of the reformulation of the principle of legality in the 2023 Criminal Code and to analyze the potential erosion of legal certainty resulting from the ambiguity surrounding the operational parameters of living law. The research employs a normative juridical method through statutory and conceptual approaches, supported by qualitative analysis of secondary legal materials to assess the harmonization between Article 1 and Article 2 of the 2023 Criminal Code. The findings indicate that the recognition of living law generates a contradictory dualism within the principle of legality. On the one hand, it is oriented toward achieving substantive justice; on the other hand, it creates opportunities for judicial arbitrariness and disparities in the application of law across regions. This condition reflects a tendency toward the obscuration of the principle of nullum crimen sine lege praevia, which consequently creates uncertainty in determining criminal acts and potentially weakens the protection of human rights against arbitrary criminalization. Therefore, the reformulation of the principle of legality in the 2023 Criminal Code may be regarded as an insufficiently mature compromise between legal modernization and the recognition of local values, thereby risking the sacrifice of legal certainty. Accordingly, more restrictive implementing regulations are required to limit the scope of the application of living law in order to ensure its conformity with the principles of the rule of law.
The Decline of Moral Intelligence in the Indonesian Advocate Profession: Causes, Impacts, and Reforms Darwin Steven Siagian; Catharina Dewi Wulandari
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48258

Abstract

Indonesia’s rule of law framework recognizes advocates as law enforcers, yet declining integrity appears when defending guilty clients without justice values. This research arises from ethical violations that reflect a moral crisis and the weakening of moral intelligence among advocates. The purpose of this study is to analyze the factors causing the decline of advocates’ integrity, assess the effectiveness of the professional code of ethics in maintaining morality, and propose solutions to strengthen the integrity of the legal profession in Indonesia. This study employs an interdisciplinary legal research method with a descriptive-analytical approach. Primary data were obtained through interviews with legal practitioners, while secondary data were derived from laws, legal literature, and the advocates’ code of ethics. Data were analyzed qualitatively by applying legal system theory, legal culture theory, morality theory, and legal certainty theory. The findings indicate that the main factors behind the decline in advocates’ integrity include misinterpretation of client loyalty, weak enforcement of the code of ethics, commercialization of the profession, and a permissive legal culture. The conclusion emphasizes that moral intelligence must be the foundation of the advocate profession. Reform in legal education, strengthening of the code of ethics, and regulatory renewal are required to restore advocates’ role as officium nobile.
Co-Authors Catharina Dewi Wulandari