Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 1 (2024): Pena Justisia

Legal Politics Of Criminal Responsibility In Reform Policy

Juita, Subaidah Ratna (Unknown)
Junaidi, Muhammad - (Unknown)
Supriyadi, Supriyadi - (Unknown)



Article Info

Publish Date
23 Jul 2024

Abstract

Law Number 1 of 1946 established the Criminal Code (KUHP), which was once a translation of Wetboek van Strafrecht and will remain in effect until the end of 2022 with all of its changes. The fundamental ideal that the entire Indonesian people strives for—liberation from all notions of colonialism—is carried out through the dialectical process of the Criminal Code in legislative actions for 60 (sixty) years. Therefore, the adoption of Law Number 1 of 2023 respecting the Criminal Code expresses the concepts of decolonization, recodification, democratization of criminal law, and adaptive harmonization. This study focuses on the legal politics of criminal responsibility from the standpoint of national criminal law reform. It seeks to address the following issues: (1) What is the legal politics of criminal responsibility in current positive criminal law?; and (2) What is the criminal responsibility law's political reform policy at the national level? This study compares criminal culpability under the old and new Criminal Codes using a comparative approach and a juridical-normative approach as its primary methodology. The primary focus of this study is secondary data, which encompasses both primary and secondary legal resources. Qualitative analysis techniques were used to analyze the data in the interim. The study's findings demonstrate that the fundamental tenet of criminal law reform—the principle of balance—is a fresh approach to the legal politics of criminal responsibility in the context of national criminal law reform. This approach is motivated by the Pancasila balance values, which are defined as Godly, Human, and Community values.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...