Understanding the 5 Principles of Criminal Law in the New Criminal Code

The principle of equality or also known as the universal principle is a principle that promotes overall international legal interests. In general, this principle refers to the concept that criminal law is not limited to a specific geographic location or a specific individual subject, but applies anywhere and to anyone.

According to Eddy Hiariej in his work entitled Principles of Criminal Law, the important meaning of the universal principle is to prevent perpetrators of international crimes from escaping legal accountability. To prevent the escape of perpetrators, every country has the right to arrest, try, and punish those who commit international crimes.
Furthermore, if a perpetrator of an international crime has been tried and punished by one country, another country is not allowed to try and punish him for the same case. This principle of universal jurisdiction applies to criminal acts that are considered international crimes, not transnational crimes.

This principle of universal jurisdiction is reflected in Law 1/2023, specifically in:

• Article 6 of Law 1/2023 which states that criminal provisions in the law apply to every individual outside the territory of the Unitary State of the Republic of Indonesia who commits a criminal act in accordance with international law which has been regulated as a criminal act in the law.
• Article 7 of Law 1/2023 which states that criminal provisions in the law apply to every individual who commits a criminal act outside the territory of the Unitary State of the Republic of Indonesia whose prosecution is taken over by the Indonesian Government based on an international agreement that authorizes the Indonesian Government to prosecute the crime.

In simple terms, the active national principle is a principle that emphasizes that legal subjects, as citizens, are subject to the laws of their country regardless of where they are physically located. In other words, the principle of personality or active nationality states that criminal law applies to all criminal acts committed by citizens, even if the act occurs abroad.

This principle is reflected in Article 8 of Law 1/2023 which states that Indonesian criminal law applies to Indonesian citizens who commit criminal acts outside Indonesian territory, provided that the act is also a violation of the law in the country where the crime occurred. However, an exception applies to criminal acts that are only threatened with a category III fine.

The crime can be prosecuted even if the suspect has become an Indonesian citizen after committing the crime, as long as the act is a violation of the law in the country where the crime occurred. In addition, Indonesian citizens who commit crimes abroad cannot be sentenced to death if the law of the country where the crime occurred does not threaten the death penalty.