| Résumé: | Indonesia is the biggest Muslim country in the world, with a rich history of criminal law. Indonesia has experienced and been marked by the influence of the European penal concept. First, Indonesia was exposed to the French Penal Code from 1810 to 1866 then in 1872. Later, Indonesia was influenced by Dutch criminal law due to the promulgation of the Penal Code in 1915, which was nothing less than a faithful copy of the Netherlands’ Penal Code of 1881. It should be noted that the latter was also a copy of the French Penal Code. After obtaining independence in 1945, Indonesia, equipped with a well-established apparatus of law, displayed the assimilation of these previously imposed structures by continuing to resort to the European penal system. Currently, the need to build a new Indonesian Penal Code (KUHP) is gaining momentum, as part of the Indonesian legal reform project. In this perspective, the new KUHP seems to be eagerly waiting to establish and construct a national law that is more in line with Indonesia’s national spirit and social and religious norms. Taking into account these national peculiarities, this new national code project would be better suited to Indonesia’s penal needs. At the beginning of the 21st century, in 2010, it appears that Indonesia remains still torn by postcolonial hints that it wishes to banish everything related to its colonial past, in a spirit of nationalism. Sixty-five years after turning an important page in its history, Indonesia wishes, deeply and enduringly, to take its peculiarities and destiny in hand, by further appropriating its national identity.
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