The Complexity of Contemporary Criminal Law: Adapting the Criminal Justice System to the Dynamics of Technology and Globalization

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Authors: Loso Judijanto
Cited by: 0

Abstract

This article analyzes the scope of criminal law, which has undergone a fundamental transformation following the enactment of the New Criminal Code. Through a qualitative literature review method, this study outlines the evolution of the criminal law paradigm from a retributive orientation towards a more humanistic approach based on daad-dader strafrecht, restorative justice, and the protection of human rights. The main findings indicate that the scope of criminal law now includes substantial expansion in three aspects: first, adaptation to the dynamics of digital technology that blur traditional jurisdictional boundaries in cybercrime; second, the expansion of legal subjects with recognition of corporate criminal liability as a response to structural crimes; and third, the integration of local wisdom values through the recognition of living law as an equivalent source of law. This article also highlights the implementation of the principle of ultimum remedium, the diversification of forms of criminal sanctions, as well as the strengthening of the protection of suspects' rights. The main challenges identified include the uncertainty in implementing new norms, the complexity of evidence in cross-border digital crimes, and the balance between legal certainty and substantive justice. Contemporary criminal law must be an agile and responsive system to the dynamics of the times without compromising its identity as a guardian of justice and social order

Fields of Study & Subjects

Cybercrime and Law Enforcement Studies Criminal Law and Policy Legal Health Environmental and COVID-19 Challenges

Publication details

Journal / source
Multitech Journal of Science and Technology
Volume
2
Issue
12
Pages
1009–1028
Publication date
1 January 2026