Criminal System Formulation and Sanctions in The New KUHP

Abstract

The Criminal Code in Indonesia needs reform due to inconsistency with societal values and technological advancements. This study uses a statutory and conceptual approach to analyze the development of the penal system and sanctions in the new Criminal Code. Data is collected through traditional and online literature searches and analyzed qualitatively. Findings reveal that the old penal system is unsatisfactory to society, lacking purpose and guidelines for sentencing, rigid in its punishment, and out of date sociologically. The new Criminal Code introduces renewed provisions on the punishment system, emphasizing a multi-dimensional approach for repairing individual and social damage. It includes various types of punishments such as principal crimes, additional crimes, and specific crimes determined by law, with the death penalty as a last resort. Notably, the new Criminal Code introduces social work and fines as new types of punishment in Indonesia, and also regulates corporations as subjects of crime.