Indonesia as a state of law based on democracy, the application of theory, and the practice of law enforcement in Indonesia is in accordance with the spirit contained in the constitution. The constitution is the basic rule and support for the continuity of a sovereign, just and prosperous country. Therefore, to achieve prosperity and justice in a country, good order in society is needed, accompanied by rules that are integrated into the legal system that develops within society.

The rules referred to are criminal law provisions. Criminal law is a legal instrument that protects the interests of society in the process of law enforcement. There are legal interests that are personal, broad legal interests (society), and interests related to state law. This division of law is clearly stated in the systematics of the article Criminal Code (KUHP).

So far, the Criminal Code used in Indonesia is a legacy from the Dutch Colonial, namely the Wetboek van Strafrecht (although some have been revised and adapted). This law, which is more than a century old, of course sometimes contains articles that are no longer relevant to the conditions of Indonesian society today. Therefore, the government through the Ministry of Law and Human Rights took the initiative to replace the Dutch heritage Criminal Code.