Epistemic Deconstruction of the Formulation Crimes against the State in Law Number 1 of 2023

Abstract

This study argues that colonial rationalities continue to persist within Indonesian criminal law, 
particularly in the new Criminal Code (Kitab Undang-Undang Hukum Pidana), despite its formal 
legislative revision. This persistence demonstrates that textual reform does not automatically dismantle 
colonial epistemologies that are deeply embedded in the conceptual foundations of criminal law. Rather 
than analyzing the Criminal Code in its entirety, this research purposively examines provisions related 
to crimes against the state as a representative locus where colonial logic remains operative. These 
provisions reflect a legal construction that prioritizes the symbolic dignity of state authority over the 
protection of citizens, thereby reproducing asymmetrical power relations and sustaining forms of 
structural injustice that are incompatible with democratic rule-of-law principles. Accordingly, this 
research does not claim to fully “decolonize” Indonesian criminal law, but advances a project of 
epistemic deconstruction by critically interrogating how colonial power logic continues to shape 
criminalization practices in contemporary Indonesia. Situated within the critical theory paradigm 
articulated by Denzin and Lincoln, and grounded in the tradition of critical criminology, this study 
employs ontological, epistemological, and methodological tools to uncover the hidden political, 
ideological, and historical dynamics embedded in criminal law formulations. Ultimately, the importance 
of this inquiry lies not merely in the colonial origin of these provisions, but in the fact that they continue 
to perform colonial functions in present-day state–citizen relations.