Law No. 1 Year 2023 will apply and one of the points is that many things need to be adjusted to Law No. 1 Year 2023, so this draft law would be critical foundation for how to adjust points on sentences in Law No. 1 Year 2023. Hence the Directorate General of Law, on behalf of the Law Minister, conducts a webinar to discuss the issue on Tuesday (21/10)

The first speaker, Prof. Eddy Hiariec, Vice Law Minister, sees the urgency and how is the legal politics regarding criminal law adjustment prepared by the government (re. Minister of Law).

With regards to the adjustment in the draft law, Eddy opines that article 613 of the criminal law says that the government and the parliament should establish law on sentence adjustment and local regulation and actions, as well as adjustment of law beyond the criminal law. The draft law consists of three parts: Chapter 1 – sentence adjustment in Law beyond Criminal Law, Chapter II – sentence adjustment in local regulations; and Chapter III – Adjustment of criminal law.

Chapter I – Sentence Adjustment in Laws beyond the criminal Law

Special minimum sentences abolished (except for 5 Special Crimes). 5 Special Crimes include corruption, terrorism, narkotic, money laundering, and serious human rights violation.

Incarceration is converted to fines.

Single Fine Sentence. This is changed based on the legal subject. a. If the perpetrator is an individual is changed to at most to category II. b. If perpetrator is a corporation, it is changed at most to category V. c. If perpetrator is either individual or corporation, changes are based on financial benefits gained:

If a act is done to generate financial benefit. a. Done by individual, it is changed mostly to category IV; b. Done by corporation, it is changed to category VIII.
If an act is done not to generate financial benefit: a. Done by individual, it is changed at most to category III; c. Done by corporation, it is changed at most to category V.

4. Fine and incarceration

Incarceration is abolished and fine is adjusted to articulation about single fine.
Specifically Law No. 22 Year 2009 on Traffic and Land Transport. –for crime punishable by incarceration, incarceration is abolished but fine is not to be converted (because it is light and under 1 million).

5. Fine and incarceration
a. Stipulation about conversion
1.) Cumulative sentence is changed to cumulative/alternative
2.)If it is one-year incarceration or less, fine is converted to category II.
3.) If incarceration is between 1 and 3 years, fine is converted to category III.
4.) If incarceration is between 3 and 5 years, fine is converted to category IV
5.) If incarceration is between 5 and 8 years, fine is converted to category V.
6.) If incarceration is between 8 and 11 years, fine is converted to category VI
7.) If incarceration is between 11 and 15 years, fine is converted to category VII
8.) If incarceration is more than 15 years, fine is converted to category VIII
b. Exception of Law that involve multiple fines then the fine will not be converted, 28/2002 on Large Building. Law General Articulation on Taxation, etc.

Chapter 1 – Sentence Adjustment in Laws beyond Criminal Law

Sentence to Prison >15 years and life.

*If the potential sentence is a prison of > 15 years and an alternative life sentence or death sentence, the prison sentence is changed to 15 years.
If the potential sentence is life sentence without an alternative of 20-year prison or death sentence, the prison sentence changed to life sentence or at most 20 years of prison sentence.

Chapter II – Adjustment to sentence in local regulation

Adjustment in single prison sentence.

a. Prison sentence < 6 months --->category 1
b. Longer prison sentence or equal to 6 months --->category II

Adjustment in Single Fine

a. <category II --> remains valid
b. >category II --> becomes category III

Prison sentence and fine --->prison sentence abolished, sentence as article (2)
Abolish prison sentence and change fine to at most category III in:

a. Article 15 Law 12/2011 on Establishment of Law as last changed to Law 13/2022.
b. Pasal 238 UU 23/2014 sebagaimana pemerintah Daerah sebagaimana.

Chapter III – A number of crucial article in adjustment to Criminal Law

ARTICLE 69
*Prison sentence period that must be done so that a life prison can be converted from 15 years to 10 years in order to adjust to the detention probation period in Article 100
Article 100
*A requirement of a suspect’s regret and role of the suspect in criminal act abolished, with a life sentence that includes a 10-year probation.
Article 521
*Improvement in phrase "destroy evidence – buildings or all" becomes "destroy evidence – part or all."
Article 622
*A number of article of Law on narcotic not regulated in the Criminal Law is not taken off.

Prof. Dr. Asep N. Mulyana, S. H., M. Hum, caretaker of Vice Prosecutor General. The perspective of the Prosecutor Office and the preparedness in prosecution of criminal provision. The implementation of Criminal Law 2023 in the Law: Article 62 Point (2); Requirements and Application Procedure for Clemency
- Article 102: Procedure for Death sentence
- Article 613 Point (2) : Adjustment to Criminal Regulation.

And PROPOSAL for Revision of Government Regulation: - Article 2 Point (3): Procedure and Criteria for legal determination in the Community.
- Article 69 Point (2) : Procedure to changes in life sentence to 20-year prison sentence
- Article 76 Point (7) : Procedure and Limit to reduction and extension of monitoring period
- Article 111 : Procedure - Implementation of sentence and action
- Article 124 : Procedure – Implementation of sentence and action for corporation.

WHY the need for revision of government regulation – because, in the context of Criminal Law 2023, the principle of double-track system is, in addition to sentence, giving action as sanction to criminal act by the perpetrator. The government has a lot to do.

Article 64-67 Criminal Law – there are three forms of sentences; Primary Sentence, Additional Sentence, and Special Sentence. Primary Sentence incudes: prison, alternative, monitoring, fine, and sentence to social work. Additional sentence includes: revocation of certain rights, confiscation of goods/bills, announcement of judge’s decision, compensation payment, revocation of certain permits, fulfillment of local customary obligation. Special sentences includes death sentence and alternatives.

Incarceration is converted to fine (Article 615 criminal Law 2023)
- Incarceration of less than 6 months is converted to maximum fine category 1.
- Incarceration of 6 months is converted to fine to a maximum of category II.

Adjustment to Local regulation Sentences: 1. Single Prison Sentence, 2. Single Fine Sentence, 3. Prison and Fine Sentence, 4. Material Content of Criminal Provision, 5. Material Content of Criminal Provision in Provincial/District/City Sentences.

Adjustment to Law 1/2023.
The Principle of Asas Lex Favor Rei or Lex Mitior. Law must be in favour of the perpetrator of criminal acts, when there are changes in law or regulation that benefits the perpetrator.

Decriminalisation in Vriminal Law 2023.

The legal process for the suspect must be stopped in the name of law.
Suspect in prison is freed by the official in charge at investigation.
After Decision takes effect

After decision takes effect and the action is deemed not a crime, the sentence is revoked.
The head of prison let prisoner out

Freed prisoner/suspect does not mean the prisoner/suspect has a right for compensation.
If punishable more leniently, then the execution of the decision is adjusted with the new rule.