Ahmad Rivai Ardiansyah Harahap, Sayyid Al Farros, Asmak Ul Hosnah

Implementation of Pancasila Values in the Formation of Law No. 1 of 2023 (New Criminal Code)

Introduction

Implementation of pancasila values in the formation of law no. 1 of 2023 (new criminal code). Explore Pancasila values in Indonesia's new Criminal Code (Law No. 1 of 2023). Discover how it replaces colonial concepts, shifts to restorative justice, and addresses modern legal challenges.

Abstract

The historical journey of the Indonesian nation from the colonial era to independence can be understood as a paradigmatic journey. Politically, Indonesia underwent a transformation from a peripheral nation to an entity that took over the center of power through the proclamation of independence in August 1945, moving from the Dutch East Indies to the Republic of Indonesia. Not all nations that have achieved independence have tried to build a new life based on innovative principles. In this context, the role of Pancasila and the 1945 Constitution (1945 Constitution) has a very important significance to these fundamental changes. Pancasila, as a basic state norm (staatssfundamentalnorm), functions as a grand design for society and a new life in Indonesia. Similarly, the establishment of Law Number 1 of 2023 concerning the National Criminal Code (KUHP) still reflects the values of Pancasila as the country's basic norm which will come into effect in 2026. Law Number 1 of 2023 (New Criminal Code) introduces a number of new criminal concepts that are different from the previous Criminal Code. This renewal is expected to be able to answer the legal challenges faced today and replace colonial concepts that have become obsolete and no longer relevant in overcoming contemporary problems. This update covers three main issues in criminal law: first, the formulation of unlawful acts; second, criminal liability, both against individuals as perpetrators and against legal entities; and third, the type of crime and actions that can be applied. The change in the concept of penal in the National Criminal Code is influenced by the development of criminal theory, which shows a shift from a retributive approach to restorative justice. Therefore, the purpose of criminalization is not only to focus on punishment, but also to try to balance two aspects of community protection, namely the victim and the perpetrator.

Review

This paper presents a timely and highly relevant investigation into the intricate relationship between Indonesia's foundational ideology, Pancasila, and its contemporary legal reforms, specifically focusing on the recently enacted Law No. 1 of 2023, the new Criminal Code. By situating this legal transformation within Indonesia's broader historical journey from colonial subjugation to national independence, the abstract effectively frames the new Criminal Code as a pivotal instrument for manifesting the nation's core values. The assertion that Pancasila functions as the "grand design" and *staatssfundamentalnorm* for Indonesia provides a robust theoretical foundation for understanding the philosophical underpinnings of this significant legal evolution. The abstract highlights several compelling aspects of the new Criminal Code, promising a comprehensive analysis of its innovations. The commitment to replace obsolete colonial concepts with provisions more pertinent to contemporary challenges is a particularly strong point, underscoring a move towards legal autonomy and national relevance. Furthermore, the paper intends to delve into three critical areas of reform: the reformulation of unlawful acts, the scope of criminal liability for both individuals and legal entities, and the types of crimes and applicable actions. Crucially, the abstract points to a significant paradigm shift from a purely retributive approach to one emphasizing restorative justice, aiming to balance the protection of both victims and perpetrators, which signifies a progressive and modern orientation in criminal law theory and practice. While the abstract clearly articulates the ambition to demonstrate the implementation of Pancasila values, the success of the full paper will depend on the depth and rigor of its analysis in tracing these abstract values to concrete legal provisions within Law No. 1 of 2023. A critical review would anticipate a detailed exposition of *how* specific Pancasila principles are embedded in the new criminal concepts and *what* the practical implications of this alignment are. Nonetheless, this paper holds significant potential to contribute meaningfully to the discourse on Indonesian constitutionalism, legal reform, and the practical application of foundational state ideologies. It promises to be an important reference for scholars and policymakers interested in the evolution of criminal law within a unique national philosophical context.

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