SEJARAH HUKUM PIDANA DI INDONESIA

Summary

This video explores the history of criminal law in Indonesia, tracing its roots from Roman law through French and Dutch influences during colonial rule. It highlights the development of a legal system that was initially hierarchical, with different laws applied to various ethnic groups, including Europeans, Asians, and indigenous peoples. Post-independence, Indonesia continued to rely on the Dutch Penal Code (KUHP), though efforts to create a uniquely Indonesian criminal code have faced challenges. The video emphasizes the struggle to modernize the legal system while balancing historical influences and contemporary needs for justice.

Takeaways

• 😀 The history of criminal law in Indonesia traces back to Roman law, which was influenced by various empires and countries such as the Roman Empire, France, and the Netherlands.
• 😀 Roman law, particularly under Emperor Justinian, played a key role in shaping criminal law practices that would later be adapted by France and the Netherlands.
• 😀 Dutch colonial rule in Indonesia introduced the concept of criminal law through the VOC (Dutch East India Company), bringing with it legal frameworks from Roman and French law.
• 😀 Prior to Dutch rule, Indonesia practiced customary law (hukum adat) that was region-specific, without a national legal system in place.
• 😀 The introduction of the 'concordance principle' by the Dutch meant that Dutch laws were adopted in Indonesia, especially for Europeans, while Indonesians adhered to customary laws.
• 😀 The Statute of Batavia, introduced by the Dutch in Indonesia, applied European legal principles to Europeans in Indonesia, while leaving indigenous people under their local customary laws.
• 😀 Under British rule, led by Sir Stamford Raffles, there were significant reforms to the judicial and legal systems, including more organized legal structures and a shift toward more humane criminal penalties.
• 😀 The Dutch reintroduced their legal codes after Raffles, with a dual system where Europeans were governed by European law and indigenous people followed their customary laws.
• 😀 The criminal law in Indonesia continued to evolve under Dutch rule, including the introduction of harsh penalties such as forced labor, leading to several uprisings and resistance movements.
• 😀 Despite Indonesia's independence, the criminal law system remained largely influenced by Dutch law, with Indonesia continuing to use the Dutch Criminal Code (KUHP) until the development of its own legal framework, which still faces challenges today.

Q & A

What is the historical origin of Indonesian criminal law?

Indonesian criminal law is derived from Roman law, which was adopted by the Romans and later influenced French law. The Dutch brought this system to Indonesia during their colonial rule, and it still forms the basis of Indonesia's criminal law today.

How did Roman law influence Indonesian criminal law?

Roman law, which was established by emperors like Constantine and Justinian, was collected and adapted by the Romans. It was later passed down through the French, who colonized the Netherlands, and eventually to Indonesia when the Dutch colonized the region.

What role did the Dutch colonial rule play in the development of Indonesian criminal law?

During the Dutch colonial rule, particularly under the VOC (Dutch East India Company), Dutch law, including criminal laws, was introduced to Indonesia. These laws were based on the laws of the Netherlands and were applied to European settlers, while indigenous people followed customary law.

What is the significance of the Statute of Batavia in the context of Indonesian law?

The Statute of Batavia, established by the Dutch in the 17th century, regulated laws specifically for Europeans living in Indonesia. It did not apply to indigenous people, who were governed by their own customary laws, also known as 'hukum adat.'

How did the period of Daendels affect Indonesian criminal law?

During the era of Governor-General Daendels, there was an expansion of legal regulations that were often harsh, such as forced labor (Rodi) and severe punishments. These laws were meant to facilitate the construction of infrastructure and strengthen Dutch control but resulted in widespread suffering and uprisings.

What changes occurred during the British colonial rule under Raffles?

Under Sir Stamford Raffles, British rule in Indonesia introduced reforms to the judicial system. These included changes in court structures and a more structured approach to criminal law, particularly for Europeans, with some legal distinctions made between Europeans and local populations.

What was the legal dualism in Indonesia during the colonial era?

Legal dualism in colonial Indonesia was characterized by the coexistence of different legal systems for different groups. Europeans were subject to European criminal law, while indigenous populations followed customary law (hukum adat). This dual legal system continued throughout much of the colonial period.

How did the 1848 reforms impact Indonesian criminal law?

The 1848 reforms introduced further divisions in legal codes, distinguishing between different ethnic groups, such as Europeans, Chinese, and indigenous peoples. These reforms reinforced the legal dualism, with Europeans subjected to European criminal law and indigenous peoples to customary law.

What is the current status of Indonesia's criminal law since independence?

After Indonesia gained independence, the legal framework remained largely influenced by Dutch colonial law. Despite efforts to codify a new criminal code, the Indonesian Penal Code (KUHP) based on Dutch law is still in effect today, although there have been ongoing efforts to revise and update it.

What challenges have faced the process of reforming Indonesia's criminal law?

The reform of Indonesia's criminal law has faced numerous challenges, including the complexity of updating the legal code to reflect modern needs, the sheer number of laws to revise, and the difficulties of balancing traditional values with the demands for justice and fairness in a diverse society.