Get to know the 5 Principles of Criminal Law in the New Criminal Code

5. Active National Principle

Simply put, the active national principle 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 citizens commit, 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 a criminal offense outside the territory of Indonesia, provided that the act is also a legal violation in the country where the crime occurred. However, an exception applies to offenses that are only punishable by a category III fine.

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