Pidana

Pidana is an Indonesian term that denotes the realm of criminal or penal law. In Indonesian usage, it refers to crimes (tindak pidana) and the penalties imposed for them, as well as the procedures used to prosecute and adjudicate such offenses. The field of law is commonly called hukum pidana and is typically divided into two main areas: hukum pidana materiil (substantive criminal law), which defines offenses and their penalties, and hukum acara pidana (criminal procedure law), which governs investigation, charges, trial, and appeals.

The core statutory framework for substantive criminal law in Indonesia is the Kitab Undang-Undang Hukum Pidana (KUHP), complemented by numerous specialized statutes that create particular offenses (for example, narcotics, corruption). Criminal procedure is primarily governed by the Kitab Undang-Undang Hukum Acara Pidana (KUHAP) and related procedural rules. The legal system operates under key principles, including the principle of legality (tidak ada tindak pidana tanpa undang-undang) and a foundational presumption of innocence, with the burden of proof resting on the state.

Pidana intersects with other branches of law, such as civil and administrative law, but its focus remains on acts deemed punishable by the state. The application of pidana is shaped by statutes, judicial interpretations, and evolving policy priorities, reflecting social norms and the goals of deterrence, rehabilitation, and justice. International influences are evident in concepts like offender accountability, defenses, and sentencing considerations, while national practice remains anchored in Indonesia’s statutory framework and case law.