VICTIMS OF LEGAL CRIMINALIZATION CAUSED BY THE ARBITRARINESS OF THOSE IN POWER

A NORMATIVE ANALYSIS OF DEVIATIONS IN THE APPLICATION OF CRIMINAL LAW AND REFLECTIONS ON THE REFORM OF THE NATIONAL CRIMINAL CODE

Abstract

Criminalization is essentially a legislative policy through which a certain act is designated as a criminal offense. In practice, however, criminalization often occurs as a deviation in the application of criminal law by law enforcement officials. This article aims to analyze criminalization as a form of abuse of authority from the perspectives of criminal law and administrative law, and to evaluate it in the context of reform through Law Number 1 of 2023 concerning the Criminal Code. This research is normative legal research using statutory and conceptual approaches, analyzed qualitatively. The findings show that the practice of criminalization is often rooted in the expansive interpretation of elements of criminal offenses, the disproportionate use of discretion, and the transfer of non-criminal disputes into the criminal law sphere. From an administrative law perspective, such actions may be qualified as abuse of authority if they deviate from the purpose for which the authority was granted and violate the General Principles of Good Governance. Although the National Criminal Code emphasizes the principles of proportionality and a humanistic approach, the effectiveness of preventing criminalization ultimately depends on the integrity of law enforcement officials and the strengthening of accountability mechanisms in the exercise of state authority.