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ICLU: New Death Penalty Law in Indonesia

This edition of ICLU discusses the regulation in Indonesia regarding the Death penalty in the new Criminal Code, Law No. 1 of 2023. The death penalty provisions in the New Criminal Code provide more mitigating for defendants when compared to

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Alternatives to Imprisonment: Provision, Implementation, and Projection of Alternatives to Imprisonment in Indonesia

In the Indonesian context, the design and implementation of criminal law is very closely related to prison sentence. In the public as well as legal academic discourses, prison sentence is always linked to deterring – primarily – criminal offenders. Prison

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Death Penalty Policy in Indonesia

As a part of many types of punishment, death penalty in Indonesia was not introduced by the colonial government—the Netherland Indies government. Prior to the European colonialism, Kings and Sultans in Nusantara region have implemented death penalty to their slaves/subordinates.

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ICJR: Government of Indonesia Should Consistently Promote “Win-Win Solution” Regarding the Provisions of Death Penalty in the Penal Code Bill (RKUHP)

The government’s recommendation to alter the provisions related to the conditions of probation period for convicted sentenced to death shows that the goverment are in doubt in taking a side on this issue. The recommendation entails that the conditions shall

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ICJR: Personal Conversation Should Not Be Criminalized

A private conversation between two adults is not the domain of criminal law. Cases of personal conversation, including conversations containing private intimate video between two adults are a recent trend of criminal charges. There are at least 3 cases related

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ICJR Strongly Criticized the Caning of LGBT Couple in Aceh

The Jinayat Law (Qanun Jinayat) for LGBT has created a tremendous stigma against LGBT groups and simultaneously discriminately targeting them for their sexual orientation. This Law encourages people to be homophobia, to do self-monitoring and detain anyone suspected for having

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Increasing Criminal Sanction for Criminal Defamation in the R KUHP

Criminal Defamation in the Draft Criminal Code (R KUHP): elements of Criminal Defamation should be more precise, justifications must be expanded and criminal sanctions should be lighter. On 16 January 2017, the Working Committee for the R KUHP in Commission

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Larger State Intervention towards Articles on Decency under the Draft Bill on Criminal Code

“Crimes related to decency that are victimless crime in nature have the tendency to be overcriminalized” On 14 December 2016, the Working Committee (Panitia Kerja – “Panja”) of the Draft Bill on Criminal Code (“RKUHP”) at the Commission III of

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Unravelling the Roots of Makar: Judicial Review Submission on “Makar” to the Constitutional Court, 16 December 2016

The Criminal Code (“KUHP”) is the current legal framework for criminal law in Indonesia, which is originated from the Wetboek van Strafrecht voor Nederlandsch Indie (WvSNI). This legislation was ratified in Indonesia by Koninklijk Besluit (King’s Command) No. 33, dated

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A year Qanun Jinayat: Excessive Usage of Caning in Aceh

The Indonesian government must put an end to caning as a form of punishment and repeal or revise the provisions within the Qanun Jinayat (Islamic Criminal Law in Aceh) that provides violations of international law and national criminal law. Caning

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