DISHARMONI KEBIJAKAN KRIMINAL: KONTRADIKSI PENGATURAN DELIK ZINA, INFANTISIDA, DAN PEMBUNUHAN KELUARGA DALAM KUHP BARU

Disharmony of Criminal Policy: Contradictions in the Regulation of Adultery, Infanticide, and Familial Homicide under the New Indonesian Penal Code

Abstract

The regulation of infanticide under the Indonesian National Criminal Code raises issues concerning sentencing consistency when compared to the expansion of adultery offences and the aggravated punishment for homicide within the family sphere. This study aims to analyze the regulation of Article 460 of the National Criminal Code through the doctrines of criminal policy and the theory of proportionality in sentencing. The research employs normative legal research using statutory, conceptual, case, and historical approaches. The conceptual approach is utilized to construct the concept of infanticide through the doctrine of criminal policy and the theory of proportionality in sentencing, while the case approach examines several judicial decisions concerning infanticide. Legal materials were analyzed qualitatively using proportionality parameters in sentencing. The findings indicate that the regulation of infanticide in the National Criminal Code does not fully reflect a balance between the seriousness of the offence, the offender’s culpability, and victim protection. Furthermore, the phrase “fear of being discovered by others” creates juridical ambiguity because it is not expressly formulated as either a justification or an excuse. Therefore, reformulation of Article 460 of the National Criminal Code is necessary to ensure conformity with the principle of proportionality in sentencing and the protection of children’s right to life