Criminal Law Reform and Social Control in Indonesia’s New Penal Code Era

Abstract

This study examines the implementation of Law No. 1 of 2023 on the Criminal Code, the Electronic Information and Transactions Law, and the Pornography Law in shaping mechanisms of social control in modern Indonesia. Using a normative juridical method, the research analyzes the shift in criminal law paradigms from a retributive approach toward a more corrective and restorative system, as well as its implications for individual freedom, public morality, and social stability. The criminal law reform embodied in the 2023 Criminal Code reflects the state’s effort to integrate the values of Pancasila, customary law, and the living law into the national legal system, transforming law from a mere instrument of punishment into a means of social development. The findings show that the implementation of these three laws strengthens the role of both the state and society in regulating social behavior, both in public and digital spaces. However, overlapping norms and moralistic interpretations continue to create legal uncertainty, potential discrimination, and restrictions on freedom of expression. Therefore, criminal law reform must aim to strike a balance between legal certainty, the protection of public morality, and respect for human rights, so that the law can truly function as an instrument of social justice that is humanistic, inclusive, and civilized.