Impact:

  • The New Criminal Code reflects a shift in the paradigm of sentencing, emphasizing humanity and human rights.
  • The application of capital punishment is limited and only as a last resort, taking various factors into consideration.

Fine Punishments in the Old and New Criminal Codes:

  • Old Criminal Code: Fines generally function as an alternative punishment.
  • New Criminal Code: Fines can be a principal or additional punishment.

Impact:

  • Fines are expected to be a more effective tool for deterrence and for compensating victims.
  • It is important to ensure that the amount of the fine does not exceed the financial ability of the convicted person and considers the principle of social justice.

Criminal Responsibility in the Old and New Criminal Codes:

  • Old Criminal Code: Focuses on individual fault (dolus and culpa).
  • New Criminal Code: Introduces the concept of corporate criminal liability.

Impact:

  • The New Criminal Code encourages corporate accountability for legal violations.
  • Enforcement of corporate criminal liability must be accompanied by clear regulations and mechanisms.

New Criminal Offenses in the Old and New Criminal Codes:

  • New Criminal Code: Regulates several new criminal offenses, such as cybercrime, environmental crimes, and terrorism.

Impact:

  • The New Criminal Code responds to the changing times and increasingly complex legal needs.
  • Law enforcement for new criminal offenses requires education and training for law enforcement officers.

Diversion in the Old and New Criminal Codes:

  • New Criminal Code: Provides room for diversion, i.e., resolving cases outside the criminal justice process.

Impact:

  • Diversion is expected to promote a restorative justice approach and help resolve cases more efficiently.
  • The effectiveness of diversion and the readiness of infrastructure and human resources need to be further studied.

Language in the Old and New Criminal Codes:

  • Old Criminal Code: Uses complex and convoluted language.
  • New Criminal Code: Uses simpler and more understandable language.

Impact:

  • The New Criminal Code is expected to improve public access to legal information.
  • It is important to ensure that the simplification of language does not reduce the clarity and precision of legal meaning.

Philosophy in the Old and New Criminal Codes:

  • Old Criminal Code: Based on retributive justice (retaliation).
  • New Criminal Code: Based on restorative justice (restoring justice).

Impact:

  • The New Criminal Code emphasizes recovery and rehabilitation rather than revenge.
  • Implementing restorative justice requires a change in mindset and culture within the criminal justice system.

In addition to the differences above, the author presents further differences in a table format.

[ninja_tables id="16508"]

Conclusion

The striking differences between the old and new Criminal Codes reflect efforts to modernize Indonesia's criminal justice system. Despite some potential doubts and challenges, the New Criminal Code is expected to bring.

That's an explanation of the Differences between the Old and New Criminal Code.

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