Wajah Hukum Pidana Indonesia dari Masa ke Masa Warisan, Perubahan, dan Pembaruan

Abstract

Criminal law is part of a country's legal system that regulates behavior in society. Efforts to reform national criminal law have been undertaken since independence, including the provision of alternative punishments such as supervision. The issue raised concerns the development of criminal law in Indonesia. The methods used are normative and juridical approaches. The discussion covers the era of the VOC (Vereenigde Oost Indische Compagnie), the Dutch East Indies, the Japanese occupation, and the independence era. With the provisions of Article 142 of the Provisional Constitution, the applicable criminal law remains the same as in previous eras, namely the Wetboek van Strafrecht (Criminal Code). In conclusion, Law Number 1 of 1946 concerning Criminal Law Regulations was issued as the legal basis for the implementation of colonial-era criminal law as positive criminal law in Indonesia. With the necessary deviation from Presidential Regulation of the Republic of Indonesia dated October 10, 1945 Number 2, which stipulates that the criminal law regulations currently in force are those in force on March 8, 1942, and that independent countries and countries in the near future must have their own Criminal Code or national law, no longer laws created by the colonial power. Keywords: Criminal Law, Legacy Period, Change, and Reform