He noted that public perception of criminal law still largely emphasizes imposing the harshest punishments on offenders.
"That is an outdated paradigm, a remnant from the era of Hammurabi," he remarked during a webinar on Law Number 1 of 2023 concerning the Criminal Code on Thursday.
Hiariej affirmed that this longstanding paradigm has significantly influenced the character of Indonesian society.
In contrast, many other countries have moved away from treating criminal law solely as lex talionis, or the law of retaliation, which dictates that punishments must directly correspond to the crimes committed.
Recognizing this, he acknowledged that shifting societal perceptions from this ancient paradigm to a more modern approach, as outlined in the new Criminal Code set to take effect on January 2, 2026, will be challenging.
Nevertheless, Hiariej affirmed that the government remains committed to raising public awareness about the new Criminal Code to reshape the nation’s understanding of criminal law.
The deputy minister explained that the new Criminal Code introduces three key principles: corrective, restorative, and rehabilitative justice.
Corrective justice focuses on addressing the wrongdoings of perpetrators through correction.
"The correction does not have to be criminal sanctions; there are also action sanctions," he remarked.
Furthermore, he described restorative justice as a means of aiding victims in recovering their circumstances and restoring the social order disrupted by criminal acts.
Lastly, rehabilitative justice aims to support both perpetrators and victims. In this paradigm, perpetrators are not only corrected and punished but also rehabilitated
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Translator: Agatha Olivia, Raka Adji
Editor: Primayanti
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