Freedom in Danger: The Current Development of Indonesian Bill of Penal Code

The Penal Code of the Republic of Indonesia is inherited from the Dutch East Indies and was applied in Indonesia as regulated in the Law No.1 year 1946 on Penal Code.

In 1963, based on the resolution of National Law Seminar, the government had started the project to establish national criminal law by forming a drafting team for formulating the Bill of Penal Code. The drafting of the First Book on General Provisions had been finished in 1986 by the drafting team. In 1993, the drafting team led by Prof. Mardjono Reksodiputro finalized the Bill and presented to the Minister of Justice.

At the end of President Susilo Bambang Yudhoyono’s administration in 2014, the government had delivered the Bill to the House of Representatives. However, the government drew the Bill back. On 5 June 2015, through the Presidential Letter R-35/Pres/06/2015, the government started the discussion of the Bill with the House of Representative. At the same time, ICJR together with The National Alliance for Penal Code Reform drafted and submitted the List of Issues (DIM) of the Bill to the House of Representativeary factions. The DIM compiled by ICJR and the National Alliance was largely adopted by the factions in the House of Representative which then finalized as the DIM submitted to the government.

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