Criminal Changes In The New Criminal Code Mutatis Mutandis, This Is The Explanation Of The Ministry Of Law And Human Rights

Illustration of the execution of the death penalty (Antara-Shutterstock)

JAKARTA - The designer of the Law on Youth Experts, Directorate General of Legislation (DJPP) of the Indonesian Ministry of Law and Human Rights, Ramoti Samuel, said that the criminal amendments in Law Number 1 of 2023 concerning the Criminal Code or which is often known as the New Criminal Code apply mutatively to mutants.

He revealed, in the New Criminal Code which came into effect in January 2026, the terms and procedures for changing life imprisonment, the death penalty with a probationary period of 10 years, and the death penalty apply with adjustments as needed or mutant mutatis.

"So adjustments as necessary and procedures for criminal changes for prisoners who serve life imprisonment and prisoners who are sentenced to death, before Law Number 1 of 2023 concerning the New Criminal Code applies," said Ramoti Samuel in a public discussion to commemorate the 2024 International Death Penalty Day organized by Komnas Perempuan online, Thursday, October 10, confiscated by Antara.

Furthermore, Samuel said, there are two conditions for criminal changes.

The requirement is to have undergone a probationary period of 10 years and show a commendable attitude and act during the probation period in a correctional institution (Lapas).

This commendable attitude and act cover three things, namely good behavior as evidenced by not committing disciplinary violations recorded in the disciplinary action register.

Then, continued Samuel, the convict actively participated in the coaching program as evidenced by the results of coaching published in the correctional information technology system.

Then the third, the convict has shown a decrease in risk as evidenced by the results of the assessment or assessment.

Samuel added that after fulfilling the requirements, there were five procedures for criminal changes.

First, the minister proposed a criminal change for the death row convict with a probationary period of 10 years, to life imprisonment.

"The second is that the submission mechanism is carried out in writing by the head of the prison where prisoners serve a sentence to the minister in stages, then the proposal proposal must be completed with a number of documents," said Samuel.

Furthermore, the fourth and fifth procedures are based on the minister's proposal, the president asks for consideration from the Supreme Court (MA) and the presidential decree (keppres) is given to the convict through the head of the prison.

In addition, for convicts whose clemency is rejected but no execution has been carried out for 10 years, they still have the right to change.

"The convict who was sentenced to death based on a court decision who has obtained permanent legal force and the death penalty has not been carried out for 10 years since the clemency was rejected, not because prisoners fled, can be given a life sentence change to life imprisonment," he said.

Samuel emphasized that all criminal processes have been regulated in such a way in Law Number 1 of 2023 concerning the New Criminal Code to fulfill human rights (HAM).