B. Reform of the System and Types of Criminal Offenses

3. Abolition of the Distinction between Crimes and Violations

  • Old Criminal Code: Classifying criminal acts into two books: Book II on Crimes (misdrijven) and Book III on Violations (overtredingen), which carries different legal implications (for example, in terms of attempt and assistance).

  • New Criminal Code: Abolishing this distinction. All criminal acts are now called "Criminal Acts." The severity of an act is distinguished based on the criminal sanctions threatened, not based on the formal classification.

4. The Death Penalty as an Alternative Sanction with a Probationary Period

  • Old Criminal Code: The death penalty is one of the main penalties imposed definitively.

  • New Criminal Code: Regulating the death penalty as a special penalty and alternatively always threatened with life imprisonment or 20 years. Article 100 introducing a mechanism a 10-year probationary period. If the convicted person demonstrates commendable attitude and behavior during the probationary period, the death penalty can be commuted to life imprisonment by Presidential Decree.

5. Modernization of Fines

  • Old Criminal Code: The nominal value of fines is often no longer relevant to current economic conditions.

  • New Criminal Code: Introducing a more rational fine system through fine categories in Article 79. There are 8 categories of fines, from Category I (Rp 1,000,000) to Category VIII (Rp 50,000,000,000), which allows for adjustments without having to amend the law. If the fine is not paid, the substitute penalty is more flexible, and can be in the form of supervisory penalties, social work, or confinement.