IMPLICATIONS OF THE 2023 CRIMINAL CODE ON THE INTEGRATION OF SPECIAL CRIMINAL PROCEDURE LAW IN THE 2025 CRIMINAL PROCEDURE CODE

Implikasi KUHP 2023 terhadap Integrasi Hukum Acara Pidana Khusus dalam KUHAP 2025

Abstract

This study investigates the implications of the implementation of the 2023 Criminal Code on the mechanism for resolving criminal cases, where the need for integration of criminal procedural law in the 2025 Criminal Procedure Code. Considering that the essence of the implementation of new criminal laws is intended to change legal practices, namely the mechanism for resolving criminal cases, which is not only oriented towards sentencing and not only prioritizing the protection of the rights of the parties, but also further resolving conflicts arising from criminal acts. Thus, changes in the practice of criminal law enforcement are prioritized, but the main issue is whether the 2025 Criminal Procedure Code has truly integrated criminal procedural law so that it is compatible with the 2023 Criminal Code. Necessitating new procedural procedures, among others, because of the recognition of criminal law based on living law in society (the living law), the normalization of criminal liability, the separation between justification and excuse, the making of corporations as subjects of criminal law, the existence of sentencing guidelines in court decisions, and the existence of case resolution outside the judicial process, is a challenge in itself for future legal practice. In the context of integrating criminal procedural law, this study proposes several principles that need to be introduced, such as fair administrative justice as an ideological foundation, a penal welfare structure, and the cosmopolitan character of penalties in their implementation. Criminal Procedural Law not only regulates the processes and procedures for handling criminal cases by criminal justice officials but also encompasses all aspects of case resolution outside the courts. This must also encompass all aspects of law enforcement, including crimes under the 2023 Criminal Code, crimes outside the Criminal Code, and special criminal laws and laws with criminal sanctions. These are carried out by general investigators and special investigators, whose cases are examined, tried, and decided by general courts or special courts.