Legal Literacy - The recodification of criminal law through Law No. 1 of 2023 (New Criminal Code) represents a paradigmatic leap from the colonial legal framework. The differences are not only partial, but touch on the philosophy, principles, structure, and content of criminal law. Here are the details of the substantial comparison:

A. Fundamental Changes to Principles and Philosophy

1. Shift in the Philosophy of Criminalization

  • Old Criminal Code: Based on the philosophy of retributive justice (retribution). The main focus is on imposing sanctions as a reward for crimes committed, with an emphasis on deterrence through suffering (imprisonment, fines).

  • New Criminal Code: Adopts a modern, multidimensional philosophy. Article 51 and 52 explicitly formulate the objectives of criminalization which include:

    • Corrective Justice: Educating and socializing convicts to become better individuals.

    • Restorative Justice: Restoring balance and resolving conflicts caused by criminal acts, involving victims and perpetrators.

    • Rehabilitative Justice: Restoring the condition of victims and reintegrating perpetrators into society.

    • Prevention and protection of society remain the goal, but retribution is no longer the main priority.

2. Reconstruction of the Principle of Legality

  • Old Criminal Code: Adhering rigidly to the formal legality principle according to Article 1 paragraph (1): no act can be criminalized except by the force of criminal rules in legislation that existed before the act was committed.

  • New Criminal Code: Maintaining the formal legality principle (Article 1) but supplementing it with recognition of the principle of material legality. Article 2 revolutionarily recognizing the law that lives in society (customary law) as a source of criminal law. An act can be criminalized based on local customary law as long as it does not conflict with Pancasila, the 1945 Constitution, Human Rights, and general legal principles recognized by civilized society.