Lex Scientia Law Review
Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context

Indonesia’s New Penal Code: Harmonizing with Global Justice or Defying International Norms?

Ridwan Arifin (Faculty of Law, Universitas Negeri Semarang)
Riska Alkadri (Faculty of Law, Universitas Negeri Semarang)
Robert Brian Smith (University of New England)
Nucharee Nuchkoom Smith (Faculty of Law, Kasetsart University)
Wahyudin Wahyudin (Faculty of Law, Universitas Negeri Semarang)



Article Info

Publish Date
27 Sep 2024

Abstract

This study critically examines Indonesia's new penal code through the lens of international legal norms, exploring whether it genuinely embodies the principles of global justice. Despite the code's ambitious reforms aimed at modernizing Indonesia's legal framework, our analysis reveals significant gaps between its provisions and internationally accepted standards, particularly in areas such as human rights, due process, and equality before the law. The urgency of this research lies in Indonesia's important role in Southeast Asia, where legal frameworks can influence regional governance and human rights practices. Novelty arises from our comparative approach, juxtaposing Indonesia’s penal code against a backdrop of global legal norms while considering local cultural and societal contexts. This study uncovers how the interplay between domestic priorities and international expectations can lead to compromises that undermine the integrity of justice. Our findings contribute to the ongoing discourse on legal reform in emerging democracies, highlighting the challenges of aligning national legislation with international standards. By providing concrete recommendations for policy makers, legal practitioners, and civil society, this research emphasizes the need for a holistic approach to legal reform that respects both local values and global commitments. Ultimately, we argue that Indonesia's new penal code is not just a legal document but a reflection of its aspirations for justice, demanding scrutiny and ongoing dialogue to ensure it meets the standards of global justice in practice.

Copyrights © 2024






Journal Info

Abbrev

lslr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Scientia Law Review [P-ISSN 2598-9677 | E-ISSN 2598-9685] is one of the prominent journals in Indonesia under the auspices of the Faculty of Law at Universitas Negeri Semarang, Indonesia, has established itself as a preeminent platform for legal ...