Genuine paradigm of criminal justice: rethinking penal reform within Indonesia New Criminal Code

Figures & data

Table 1. Fundamental characteristic on paradigm transformation after Indonesia New Criminal Code.

Paradigm characteristic	Transformation highlights
Positivism-Proceduralism	Shift to Value Balance of Pancasila
Legal System Variability	Consolidation of a Distinct Indonesian Legal Paradigm
Historical Inconsistency	Estabilishment of a Coherent and Nationally Rooted Legal Framework
Civil Law and Common Law Influences	Systhesis into a Uniquely Indonesian Legal Identity
Pancasila as the Guiding Force	Pancasila Values Anchored as the Core Legal Ideology

Table 2. Four important components in Indonesia New Criminal Code.

Component	Explanation
Principles of material legality	Indonesia’s New Criminal Code provides recognition for the enforceability of living law as a source of punishment, based on Article 2 Paragraph (1) of Law No. 1 of 2023. Unlike positive law that is carried out using the principle of formal legality, living law is open to the use of the principle of material legality, so that it becomes an instrument in achieving justice and substantive expediency.
Customary law as living law	Article 2 Paragraph (1) of the Criminal Code and its explanations, ensure the enactment of customary law as a living law, by first obtaining regulations through Government Regulations and Regional Regulations. The principles of codification and unification of legal sources that characterize the paradigm of positivism are structurally deconstructed with the integration of living law in the criminal law system.
Purpose of punishment	Enforcement of criminal law in the New Criminal Code is not carried out in procedural purposes, but rather substantial. Article 51 of the Criminal Code places criminal objectives, including Social Protection Values, Resocialization (Improvement) Values, Conflict Resolution Values, Honesty and Truth Values, and Human Values. This objective is the basic orientation in criminal law enforcement in Indonesia.
Principles of penal	In imposing a crime, the judge is obliged to uphold law and justice. Article 53 provides guidelines that in the event that in the event of an antinomy between justice and certainty, judges must administer justice.

Table 3. Customary jurisdiction according to the classification of Snouck Hurgronje.

No	Customary jurisdiction	No	Customary jurisdiction
1	Aceh	11	South Sulawesi
2	Gayo, Alas, Batak, Nias and Batu	12	Ternate
3	Minangkabau and Mentawai	13	Ambon and Maluku
4	South Sumatera and Enggano	14	Irian
5	Bangka and Belitung	15	Timor
6	Kalimantan	16	Bali and Lombok
7	Minahasa, Sangihe, dan Talaud	17	Central Java, East Java, and Madura
8	Gorontalo	18	Swapraja Region
9	Toraja	19	West Java
10	Melayu

Table 4. The purpose of punishment in Article 51 of Law No. 1 of 2023 concerning the Criminal Code.

Purpose of punishment	Justice paradigm
Prevent criminal acts from being committed by enforcing legal norms for the protection and protection of the community.	Preventive
Socialize convicts by conducting coaching and guidance to become good and useful people.	Rehabilitative
Resolving conflicts arising from criminal acts, restoring balance, and bringing a sense of security and peace in society.	Restorative
Fostering a sense of remorse and exonerating guilt in the convict.	Corrective