New Criminal Code Urgently Needed
In the context of the Indonesian law, the Proclamation of Independence constitutes a source of the legal system, because from then on, Indonesian national law came into force.
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On Aug. 17, 2019, the Unitary State of the Republic of Indonesia was exactly 74 years old. In the context of the Indonesian law, the Proclamation of Independence constitutes a source of the legal system, because from then on, Indonesian national law came into force.
Nevertheless, nearly all of our legal products were formulated by the Dutch East Indies government and enforced on the basis of Article II of the Transitional Regulation of the Constitution of 1945. Certainly, colonial legal products would favor the colonial government and were not sought by an independent country. Seventy-four years is a fairly long span of time to formulate Indonesian law founded on the Pancasila state philosophy and the 1945 Constitution. One of the colonial products so far still used in court trials is the Criminal Code (KUHP), which was composed in the Dutch Tweede Kammer (parliament) in 1800 and finished in 1870 but was only applied to Indonesia in concordance principle in 1918.