History of the Implementation and Development of the Criminal Law (KUHP) of the Dutch Colonial Heritage in Indonesia

Abstract

This study uses a qualitative method with a historical approach. The purpose of this paper is to know the history of the development of the Indonesian Criminal Code, the benefit of this writing is to add insight into legal knowledge, the previous article only explained the history of the Criminal Code, while this article explains why the Dutch Criminal Code inherited from the Dutch colonial era was enacted in Indonesia, Talking about criminal law, of course we discuss about behavior that should be done and should not be done, criminal law is the whole of the regulations that determine what actions are prohibited which are included in criminal acts, as well as determine what penalties can be imposed on those who commit them, criminal law that applies in Indonesia is a Dutch colonial heritage which was formerly known as Wetboek van Strafrecht voor Netherlands Indie,After Indonesia's independence from the Dutch colony in 1945, Indonesia carried out the integration and codification of the Dutch Colonial heritage law into Wetboek van Strafrecht (WvS) which was later known as the Criminal Code, the basic reason for the enforcement of the colonial law was because Indonesia did not yet have written criminal law that is universally applicable in the country of Indonesia, the implementation of the criminal law of the Dutch colonial heritage is not something special for the Indonesian people because the criminal law is not made based on the characteristics of the Indonesian nation. , how is the problem of the Indonesian Criminal Codewhat is the problem with the Indonesian Criminal Code.