Indonesian Criminal Law History

Talking about the history of criminal law will not be separated from the history of Indonesia. Indonesian nation experienced a very long history up to the present time. Some time period experienced a period of occupation of a foreign nation. This directly affects the laws in force in this country, especially criminal law. Criminal law as part of public law has an important role in the legal system and state. Rules of criminal law set the emergence of a dynamic cosmic circumstances. Creating a peaceful social order and in accordance with the wishes of the people.


Criminal law according to van Hammel is "all the basics and rules adopted by a State in conducting a legal order is to prohibit what is contrary to the law and wearing a sorrow to those who violate these regulations". Studying the history of the law will know how to live in a society of law during certain periods and in certain regions. Legal history has a handle important for beginners to know the culture jurist and legal institutions.

Continental European law is a legal order which is a blend of Germanic law and the law are from Roman law "Romana Germana". The law does not only change in space and layout, but also in time and time trajectory. In general, the history of criminal law in Indonesia is divided into several periods namely:

1.  The period of the archipelago kingdom

In the kingdom of the archipelago many kingdoms that already have the rule of law. The rules contained in the decision of the king or the book of the law made by jurists. No doubt that the potato societas ibi ius adage is right. Because wherever people live, as long as there are groups and then there will be legal. Criminal law of yore different from modern criminal law. Law in ancient times yet uphold the principles of codification. The rule of law was born through a process of interaction in the community without any interference kingdom. Customary criminal law is growing very rapidly in the community.

Criminal law was not yet familiar with unification. In every area of ​​criminal law rules apply different. Great assortment of Srivijaya kingdom until the kingdom of Demak was applying the rules of criminal law. Book of regulations such as the Law of the king undoubtedly, legislation Mataram, jaya improbable, kutara Manawa, and book adilullah prevailing in society at that time. Customary criminal law also becomes the criminal rules are adhered to and obeyed by the people of the archipelago.

Criminal law in this period greatly influenced by religion and public confidence. Religion has a role in the formation of criminal law in the future. Criminal cut hand which is the absorption of the criminal concept of Islam and the concept of proof which should be more than three persons to be evidence that the teachings of the Islamic religion affects traditional practice of criminal law at the time.

        2. The period of colonization

At the time of this periodization is long, reaching more than four centuries. Indonesia experienced colonialism since the first arrival of the Portuguese, Spanish, and then for three and a half centuries under the control of the Netherlands. Indonesia also have experienced under the rule of the British royal and imperial Japan. For a couple of times a change of authority over the archipelago also make major changes and significant.

The mindset of western secular law and realist created the concept of standard written laws. At this time the development of rational thought is growing very rapidly. All unwritten customary rules did not exist and was replaced by regulations written. Recorded some regulations made by the Dutch colonial government like statutes Batavia (statute van Batavia).
Apply two rules of criminal law that the Criminal Code for the european (weetboek voor de Europeanen) in force since 1867. Enforced also for non European Penal Code in force since 1873.

       3. The period of the Criminal Code 1915 - Present

For more than a hundred years since the Dutch Criminal Code in force, the Criminal Code to two different classes of citizens remain in place in the Dutch East Indies. And eventually formed the Criminal Code applies to all classes since 1915. The Criminal Code be a source of criminal law to date. The formation of the national Criminal Code is actually not a law that became the nation's masterpieces. For the current Criminal Code is a derivative of Strafwetboek Nederland (Dutch Criminal Code). Already a konskwensi when it applies the principles of concordance of the legislation.

Criminal Code applicable in the Netherlands itself is a derivative of the French penal code. The penal code was the inspiration formation of criminal laws in the Netherlands. This is because the Netherlands is based on the history of the region under the control of the French empire.

Insistence on immediate establishment of a national Penal Code

As a country that was once colonized by a foreign nation, the law applicable in Indonesia is directly affected by the rules of law applicable in the State of the invaders. The Netherlands, which is a country with continental legal system lowers betuknya through concordance principle. State regulations in the colony should be the same as the laws of the Netherlands. Criminal law (straffrecht) is one of the laws that are passed by the invaders.

In 1965 LPHN (national legal training institutions) to start a business establishment of the new Criminal Code. Indonesian criminal law reform should be carried out. The nature of the law always lags behind social reality into the bedrock idea of ​​renewal of the Criminal Code. Penal Code which is still in force today is a product that is applied in the State colonial colony for creating obedience. Indonesia, which is now a free and independent State should set up a new criminal legislation in accordance with the spirit of the nation.