The Potential Increase Of Penal Burden In 2023 Indonesia Penal Code Book

Abstract

Every person who wants to relate to or live in a country is certainly important to pay attention to the laws applied in the country. With the enactment of the new Indonesia Penal Code or Criminal Code Book based on Law Number 1 of 2023 concerning the Penal Code Book (KUHP 2023), it is necessary to observe fundamental and significant changes in the Law in Indonesia, especially on the burden of punishment. The punishment burden is an essential element of Penal Law or Criminal Law. This leads to the analysis of a penal burden. The rationale behind the concept of a penal burden should be emphasized to clarify the definition. A penal burden or also called sentencing weight, a relatively new term, which is a sentencing burden applied in Criminal Law or Penal Law. It is the burden which should be carefully examined and determined by judges sentenced to the crime perpetrator. Thus, it is necessary to observe fundamental and significant changes in the Law in Indonesia after the enactment of KUHP 2023, especially in this study on the changes of the penal burden.

By employing normative research methods, including a statutory approach and a concept approach, this study aims to show changes in the existing penal burden in the 2023 Penal Code Book, especially to emphasize the findings that there is a possibility of doubling or even more of the penal burden contained in the 2023 Penal Code Book compared to the previous Penal Code Book. When comparing the condition before and after the enactment of the 2023 Penal Code Book on January 2, 2026; it is found that there is a doubled-increase, or even more, in the risk of perpetrators committing similar crimes. This notion is proven when there is an additional crime in the form of compensation payment of crimes. The amount of the victim's loss is greater than or equal to the amount of the maximum fine according to the offense imposed on the convict. This indicates a considerable increase in risks for offenders after at least January 2, 2026. Increasing the weight of punishment that ensures the return of losses while ensuring the weight of the sentence to be greater than the benefits obtained from the criminal act is an important improvement to ensure a deterrent Penal Law or Criminal Law.