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VOL. 12, ISSUE 1 (2026)
The urgency of reforming the structure of prosecutorial criminal law following the enactment of the national criminal code
Authors
Dewa Arya Lanang Raharja, Gde Made Swardhana, Sagung Putri M E Purwani, Ida Bagus Surya Dharma Jaya
Abstract
The enactment of Law Number 1 of 2023 on the
Criminal Code (the National Criminal Code) marks a fundamental shift in
Indonesia’s sentencing paradigm, moving from a retributive justice model toward
corrective, restorative, and rehabilitative justice. This transformation has
significant implications for the role of the Public Prosecutor’s Office,
particularly in its capacity as the executor and supervisor of criminal court
judgments. This study aims to analyze the urgency of reforming the legal
structure of the Prosecutor’s Office in the implementation of the post–National
Criminal Code sentencing system. The research employs a normative legal method,
using statutory and conceptual approaches. The findings indicate that the
introduction of non-custodial sanctions, such as probationary sanctions and
community service, necessitates adjustments in prosecutorial authority,
enforcement mechanisms, and institutional coordination between the Prosecutor’s
Office and the Correctional Service (Balai Pemasyarakatan). In the absence of
adequate structural reform and clear technical guidelines, the application of
the new sentencing system risks generating legal uncertainty and overlapping
institutional competencies, thereby undermining the effectiveness of criminal
law enforcement.
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Pages:320-327
How to cite this article:
Dewa Arya Lanang Raharja, Gde Made Swardhana, Sagung Putri M E Purwani, Ida Bagus Surya Dharma Jaya "The urgency of reforming the structure of prosecutorial criminal law following the enactment of the national criminal code". International Journal of Law, Vol 12, Issue 1, 2026, Pages 320-327
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