SEJARAH HUKUM PIDANA INDONESIA (2/12)

Summary

This video lecture, presented by Ahmad Sopian, delves into the history of criminal law in Indonesia, focusing on the evolution of the Indonesian Penal Code (KUHP). It traces the development from pre-colonial customary law (hukum adat), through the Dutch colonial period when Dutch criminal law was imposed, to its continuation after Indonesia’s independence. The lecture highlights how the Dutch Penal Code, influenced by French and Roman law, shaped Indonesia's legal system, and the challenges in reforming this colonial-era code in modern times. The lecture provides insights into Indonesia’s legal history and ongoing efforts to update its penal law.

Takeaways

• 😀 The lesson covers the history of criminal law in Indonesia, focusing on the evolution of criminal law, specifically the Penal Code (KUHP) or 'Wetboek van Strafrecht'.
• 😀 Before Dutch colonization, Indonesia had a diverse legal system based on customary law (hukum adat) and religious laws, with no distinction between criminal and civil law.
• 😀 The VOC (Dutch East India Company) introduced Dutch legal principles in Indonesia during its occupation, leading to a dual legal system where European settlers followed Dutch law, and locals followed customary law.
• 😀 The introduction of Dutch criminal law in Indonesia began with the enforcement of the 'Wetboek van Strafrecht' in 1918, applying to both Europeans and Indonesians in Dutch-controlled territories.
• 😀 The Dutch Penal Code was heavily influenced by French criminal law, which in turn was derived from Roman law, specifically the 'Code Napoléon'.
• 😀 Customary law continued to exist in parallel with colonial laws, and the Dutch authorities made efforts to replace or limit its influence with Western legal systems.
• 😀 The process of codifying law aimed to create certainty in what actions were permissible or punishable, a concept originating in Roman law with the creation of formal legal codes.
• 😀 The Dutch imposed criminal law on Indonesians in a discriminatory manner, with separate legal systems for Europeans and locals, where different legal provisions applied to each group.
• 😀 After Indonesia gained independence, the Dutch Penal Code continued to function as the foundational criminal law, officially affirmed by the 1946 Law No. 1/1946 on criminal law.
• 😀 Efforts to reform the criminal code have been ongoing since independence, but significant changes have not yet been made due to political resistance, leaving the Dutch-era code in effect with some revisions over time.

Q & A

What is the main focus of the lecture provided in the transcript?

The main focus of the lecture is the history of criminal law in Indonesia, specifically the development and influence of Dutch colonial law and its impact on the legal system in Indonesia.

How was criminal law structured in Indonesia before Dutch colonization?

Before Dutch colonization, Indonesia followed customary law (hukum adat), which did not differentiate between criminal and civil law. Local customs and agreements guided legal practices, and adat courts were responsible for resolving disputes, including criminal issues.

What role did religious law play in Indonesia's legal system before Dutch influence?

In addition to customary law, religious law and belief systems also governed the communities in Indonesia, providing an additional layer of legal norms that people followed based on their faith or beliefs.

How did the Dutch colonial legal system begin to influence Indonesia?

The Dutch began influencing Indonesian law through the introduction of their legal system, starting with the VOC (Dutch East India Company) in the early 17th century. They imposed Dutch law, particularly for Europeans, and later expanded it to the indigenous population.

What legal duality existed in Indonesia during the colonial period?

During the colonial period, there was a dual legal system. Dutch laws applied to Europeans, while indigenous people followed customary law. However, over time, the Dutch criminal code was imposed on the indigenous population as well.

When did the Dutch criminal code, Wetboek van Strafrecht, come into effect in Indonesia?

The Dutch criminal code, Wetboek van Strafrecht, came into effect in Indonesia on January 1, 1918, and applied to all inhabitants, including indigenous people.

How did the Dutch criminal code influence the Indonesian legal system after independence?

After Indonesia gained independence, the Wetboek van Strafrecht remained in force, with Law No. 1/1946 formally adopting it as the basis for Indonesian criminal law. Although there have been efforts to revise it, the code largely remained in place.

What is the origin of the Dutch criminal code, and how does it relate to other legal systems?

The Dutch criminal code was influenced by French law, which itself was based on Roman law. French law introduced the concept of codifying criminal law to ensure clarity and prevent arbitrary legal decisions, which was then adopted by the Dutch.

What are some challenges faced in reforming Indonesia’s criminal law system?

Reforming Indonesia's criminal law has proven challenging due to the persistence of colonial-era laws, resistance to change, and the complexity of aligning the legal system with modern values. For example, proposed reforms to the criminal code in 2020 were rejected after significant opposition.

What is the current status of the Indonesian criminal code, and what efforts have been made for its revision?

The Indonesian criminal code still relies on the Dutch criminal code, though parts of it have been declared obsolete or irrelevant. There have been attempts to revise the code, including the formation of a committee for legal reform, but these revisions have not yet been enacted, and the colonial code remains in effect.