Journal of Law, Poliitic and Humanities
Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities

Reorientation of the Purpose of Punishment in the National Criminal Code: A Humanistic Approach in Indonesian Criminal Law

Sumartini Dewi (Universitas 17 Agustus 1945 Semarang)
Sri Setiawati (Universitas 17 Agustus 1945 Semarang)



Article Info

Publish Date
03 Apr 2026

Abstract

The reform of criminal law in Indonesia through Law Number 1 of 2023 concerning the National Criminal Code represents a significant transformation in the orientation of the national sentencing system. Historically, Indonesia’s criminal justice framework has largely been influenced by a retributive paradigm, where punishment is primarily viewed as retaliation for criminal acts committed by offenders. However, the development of modern criminal law thought has encouraged the adoption of a more comprehensive approach that emphasizes humanitarian values. In this context, the National Criminal Code introduces a new paradigm that incorporates humanistic and restorative principles, while emphasizing social recovery. This approach does not merely focus on imposing sanctions on offenders, but also seeks to repair the social relationships disrupted by crime, ensure adequate protection for victims, and support the rehabilitation and social reintegration of offenders. This study aims to examine the reorientation of sentencing objectives under the National Criminal Code and to analyze how a humanistic approach is integrated into Indonesia’s criminal law framework. The research employs a normative juridical method, utilizing statutory and conceptual approaches. The analysis is conducted through an examination of the provisions contained in the National Criminal Code as well as relevant criminal law literature. The findings indicate that the National Criminal Code establishes a new direction for the Indonesian sentencing system by emphasizing a balance between public protection, victim restoration, and offender rehabilitation. Consequently, punishment is no longer solely perceived as a mechanism of retaliation, but rather as a legal instrument aimed at achieving substantive justice, maintaining social order, and promoting a more humane and equitable criminal justice system.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...