Civil Rights and Human Rights in the National Criminal Code

The recently enacted National Criminal Code (KUHP) in Indonesia marks a significant milestone in the reform of criminal law. This event represents a shift from colonial legacies towards laws rooted in Pancasila values and reflective of modern Indonesian society. With the introduction of the living law concept, the code aims to be more adaptable to local norms and values. However, this innovation raises questions about how it aligns with the protection of civil and human rights. The living law concept emphasizes that law should consider existing societal norms, provided they do not contradict Pancasila, the 1945 Constitution, human rights, and general legal principles. This approach seeks to integrate law with cultural and social realities. Critics, however, warn that acknowledging living law might lead to potential legal uncertainty, as norms can vary between communities. This creates a risk that similar acts may be judged differently in different regions. Given this, judges play a crucial role in balancing law and justice. They must ensure that no communal norm violates human rights. This level of flexibility requires judges to have high social sensitivity and a deep understanding of constitutional values. In conclusion, the adoption of the new KUHP is a step towards more humane justice, but its success will depend on how accurately it is applied in practice.