Indonesian Criminal Code in the context of "Indonesian law"

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⭐ Core Definition: Indonesian Criminal Code

The Indonesian Penal Code (Dutch: Wetboek van Strafrecht, WvS), commonly known in Indonesian as Kitab Undang-Undang Hukum Pidana (lit.'Law Book of Penal Code', derived from Dutch), abbreviated as KUH Pidana or KUHP), are laws and regulations that form the basis of criminal law in Indonesia. By deviating as necessary from Presidential Regulation dated 10 October 1945 No. 2, it stipulated that the criminal law regulations that are in effect are the Dutch criminal law regulations that existed on 8 March 1942. Currently, the Republic of Indonesia has its own Criminal Code, that is due to take effect in 2026.

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👉 Indonesian Criminal Code in the context of Indonesian law

Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. Before European presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat (unwritten, traditional rules still observed in the Indonesian society). Foreign influences from India, China and the Middle East have not only affected culture, but also the customary adat laws. The people of Aceh in Sumatra, for instance, observe their own sharia law, while ethnic groups like the Toraja in Sulawesi still follow their animistic customary law.

Dutch presence and subsequent colonization of Indonesia for over three centuries has left a legacy of Dutch colonial law, largely in the Indonesian civil code and criminal code. Following independence in 1945, Indonesia began to form its own modern Indonesian law, modifying existing precepts. Dutch legal decisions maintain some authority in Indonesia through application of the concordance principle. The three components of adat, or customary law; Dutch law; and modern Indonesian law co-exist in the current law of Indonesia.

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Indonesian Criminal Code in the context of 2023 Indonesian Criminal Code

The Penal Code Act 2023, also known as the 2023 Indonesian Penal Code or 2023 Indonesian Criminal Code, is the new criminal code in Indonesia, replacing the Dutch-era code. This law is the most comprehensive and time-consuming legislation ever crafted in Indonesia, having taken over 50 years to develop since its initial formulation.

The law, however, will take effect on 2 January 2026, three years after its enactment.

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