Principles Of Special Criminal Law In Indonesia : Doctrine,Development,And Challenges

Abstract

Special criminal law (hukum pidana khusus) has emerged as an indispensable legal instrument in Indonesia to address forms of crime that are too complex, sophisticated, and socially destructive to be handled adequately by the general criminal code (KUHP). This study examines the foundational principles underpinning special criminal law namely the principles of legality, lex specialis derogat legi generali, subsidiarity (ultimum–primum remedium), culpability (geen straf zonder schuld), corporate criminal liability, extraordinary crime, and human rights protection as well as the challenges encountered in their implementation. Employing a normative juridical research approach through analysis of primary legal sources including the KUHP, Law No. 1 of 2023, and sector-specific statutes, alongside doctrinal literature from leading Indonesian and international criminal law scholars, this study finds that while each principle serves a distinct and essential function in limiting state power and ensuring justice, their concurrent application in practice generates significant tensions. Key challenges include regulatory overlap, asymmetric investigative capacity, hyper-regulation without adequate synchronization, and the risk of extraordinary measures infringing upon fundamental rights. The study recommends comprehensive regulatory harmonization, institutional capacity building, and the consistent application of human rights standards in all special criminal law enforcement.