THE IMPACT OF CHANGES IN THE CRIMINAL CODE ON THE LAW ENFORCEMENT SYSTEM IN INDONESIA

Abstract

The processes of the criminal justice system can be referred to as a subsystem of the criminal justice system, because they are related to the desire for the same goal, namely law enforcement. The ambiguity of Indonesian legal principles can have a similar impact on the processes of the Indonesian criminal justice system. The approach used in the preparation of this article is normative juridical, which is a method by examining legal provisions and presenting all the information and data obtained, both primary and secondary data, and providing a clear and systematic description.

Criminal law applies where possible, for example where other parts of the law are not sufficient to enforce the norms recognized by law. As a last resort, the threat of punishment must be maintained. In fact, dealing with all kinds of criminal threats. Any sane person would understand without further explanation. In the end, the nature of criminal law demands punishment as a last resort when other means can be used to achieve the goals set out in the 2023 Criminal Code.

Changes to the law enforcement system aim to align Indonesia's law enforcement system with the principle of legality or the principle of opportunity. The opportunity principle in the Indonesian law enforcement system aims to align with the criminal objectives of the 2023 Criminal Code which are heavily influenced by the principle of restorative justice. Changes in the Indonesian law enforcement system have several implications for the Indonesian criminal justice system, including settling cases out of court as a last resort