Harmonization of Pancasila Values in the Purpose of Punishment under the National Criminal Code

Abstract

The enactment of Law No. 1 of 2023 on the National Criminal Code (KUHP) marks a strategic effort to decolonize and align Indonesia’s criminal law system with the values of Pancasila. This study examines the role of Pancasila as the philosophical foundation in formulating the purposes of punishment under the new KUHP. Employing normative legal research with statutory and conceptual approaches, the findings reveal that the open ideological nature of Pancasila enables the explicit codification of punishment objectives that integrate retributive, corrective, rehabilitative, and restorative orientations. Article 51 of the KUHP sets forth four purposes: prevention, reintegration of convicts, conflict resolution, and fostering remorse. These purposes substantively correspond to the five principles of Pancasila. Prevention reflects the Second Principle (Just and Civilized Humanity); reintegration resonates with the Fifth Principle (Social Justice); conflict resolution aligns with the Third (Unity of Indonesia) and Fourth (Democracy Led by Wisdom in Deliberation) Principles; and fostering remorse embodies the First Principle (Belief in the One Supreme God). Thus, criminal law reform has successfully transformed Pancasila from a mere ideal into operational normative standards in criminal justice.