A Comparative Analysis of the Regulation of Concurrent Criminal Offenses (Samenloop) under the Old and New Indonesian Criminal Codes

Abstract

This study examines the regulation of concurrent criminal offenses (samenloop) under the old and new Indonesian Criminal Codes and assesses whether the new Criminal Code provides greater legal certainty. The study employs a normative juridical method with a descriptive-analytical approach. The data are obtained from legal literature and other relevant sources related to the research topic. The findings indicate that the new Criminal Code, established under Law No. 1 of 2023, does not fundamentally change the basic concept of concurrent criminal offenses recognized in the old Criminal Code. Both codes recognize concursus idealis, continuing offenses (voortgezette handeling), and concursus realis. The main changes concern the systematic arrangement of legal provisions, the formulation of legal norms, the clarification of maximum sentencing limits, and the integration of concurrent offenses into a more comprehensive national sentencing system. These improvements are expected to provide clearer guidance for law enforcement officials, particularly judges, when determining appropriate criminal sanctions. However, legal uncertainty remains, especially regarding the distinction between a single act and multiple acts in judicial practice. Therefore, consistent judicial interpretation, the development of jurisprudence, and clearer implementation guidelines are needed to ensure legal certainty and consistency in applying the provisions on concurrent criminal offenses in Indonesia.