Genuine paradigm of criminal justice: rethinking penal reform within Indonesia New Criminal Code

Abstract

This study examines the harmonization of criminal law with societal socio-cultural aspects, elucidating the pursuit of substantive justice at normative and theoretical levels. Achieving concordance between legal norms and community culture necessitates comprehensive law reform–an imperative alternative, particularly for nations with legal histories shaped by foreign legal traditions. Focusing on the evolution of Indonesian criminal law post the enactment of the New Criminal Code, this research unveils fundamental shifts in values, norms, and paradigms. The transition from colonial legal substance to a modern, authentic framework is evident in articles implicitly prioritizing substantive justice, aligning with Indonesia’s philosophy and socio-cultural values. Over time, Indonesia has phased out colonial law, integrating living law into the national legal fabric. The paradigmatic shift, aimed at infusing Indonesian law with a distinctive national character, presents conditions, advantages fostering substantive justice, and challenges in formulation and implementation. Despite complexities, the 63-year process of drafting the New Criminal Code has yielded profound results, enhancing the legal system. This transformative journey signifies a deliberate departure from colonial legal paradigms, embracing a framework resonating with Indonesian values. The shift underscores Indonesia’s commitment to substantive justice and resilience in overcoming challenges tied to legal reforms.