Punggawa Law Review
Vol. 1 No. 4 (2026): Punggawa Law Review: September - October

Criminal Law Policy and Human Rights Protection: Analyzing the Rationalization of the New Indonesian Criminal Code and Criminal Procedure Code

Naila Meuthia Azza (Andalas University)



Article Info

Publish Date
01 Sep 2026

Abstract

This article analyzes the intersection of criminal law policy and human rights protection in Indonesia, focusing on the rationalization of the New Criminal Code (Law No. 1 of 2023) and the urgency of reforming the Criminal Procedure Code (KUHAP). Using a normative legal method with statute, conceptual, and case approaches, the study evaluates the shift from a retributive paradigm to restorative and rehabilitative justice. Despite normative progress aimed at preventing degrading punishments and introducing sentencing alternatives, empirical realities reveal persistent anomalies. By examining concrete cases of wrongful arrest and trial by press outside the context of narcotics offenses, this paper demonstrates the enduring dominance of a repressive crime control model among law enforcement apparatuses. The research concludes that substantive human rights protection requires both the legislative institutionalization of a Preliminary Examining Judge (Hakim Pemeriksa Pendahuluan) to oversee coercive measures and a radical cultural transformation within law enforcement agencies.  

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Journal Info

Abbrev

plr

Publisher

Subject

Description

Punggawa Law Review is a peer-reviewed academic journal that publishes high-quality original research, conceptual analyses, and critical reviews in the field of legal studies. The journal aims to provide a rigorous scholarly forum for the development of legal knowledge, legal theory, and legal ...