INDONESIAN POST-COLONIAL PENAL CODE POLICY WITHIN STATE RESPONSIBILITY FOR EQUAL JUSTICE IN THE CRIMINAL JUSTICE SYSTEM
Indonesian penal code has a mental construct in the criminal justice system to determine suspected culpability as a punishable decision to pursue the accused person for inevitable punitive incarceration. In the colonialism dominative power as an imperialism legacy penal code (Nederland Indie Strafrecht), it is also possible to release from the accusation or freedom verdict due to insufficient evidence. Prisonization mindset in punitive incarceration imprisonment is not the only punishment in the currently integrated criminal, administrative justice system. Decolonized Indonesian government has human rights dogmatic imperatives concerning state responsibility in protecting, fulfilling, enforcing, and promoting equal justice and the ease to obtain. This study found that intersubjective communication between the parties can function as a technology for the government's self-decolonization. It is necessary to apply therapeutic jurisprudence through a pretrial process—implementing criminal law processes to seek restorative justice for all stakeholders related to criminal acts by perpetrators. Calm and peaceful intersubjective communication in the criminal justice process. Perpetrators can peacefully and subject to criminal acts through alternative punishments that apply. Following significant evidence found by investigators, lawyers, and advocates.
imperialism dominative power, decolonization, post-colonial penal code policy, constitutional human rights in state responsibility, equal justice in the criminal justice system, pretrial restorative justice.