Pancasila Values in the New Indonesian Criminal Code: Does the Code More Humanist?

Abstrak

The impending implementation of the new Indonesian Criminal Code has sparked significant debates regarding its alignment with the nation's philosophical foundation, Pancasila. This abstract scrutinizes the incorporation of Pancasila values into the revised criminal code, focusing on its potential impact on human rights and humanitarian principles. Pancasila, as Indonesia's foundational philosophy, emphasizes principles such as social justice, democracy, and the dignity of all individuals. This paper examines whether the new criminal code upholds these values or deviates from them, particularly in areas concerning individual freedoms, minority rights, and due process. Through a comprehensive analysis of key provisions in the new criminal code, the study identifies potential challenges and opportunities for aligning the legal framework with Pancasila's humanistic principles. Special attention is given to areas such as blasphemy laws, restrictions on free expression, and the treatment of marginalized communities. The research draws on legal texts, case studies, and comparative analyses to evaluate the degree to which the new criminal code promotes a more humanistic approach. Additionally, the paper explores the implications of any identified discrepancies between the legal framework and Pancasila values for Indonesia's commitment to international human rights standards. The findings contribute to ongoing discussions on legal reforms in Indonesia and provide insights into the delicate balance between preserving cultural values and ensuring the protection of individual liberties. By addressing the question of whether the new criminal code leans towards a more humanistic perspective, this study aims to inform policymakers, legal scholars, and human rights advocates on potential areas for improvement in the pursuit of a just and equitable legal system.