Legal Problems in Incorporating Special Crimes into Chapter XXXV of the National Criminal Code

The National Criminal Code marks a major milestone in Indonesian criminal law reform, notably through Chapter XXXV on Special Crimes, which absorbs certain offences relating to gross human rights violations, terrorism, corruption, money laundering, and narcotics from sectoral statutes. This study analyses the legal consequences of that incorporation for the relationship between the Code and special criminal laws, taking into account the changes introduced by Law Number 1 of 2026 on Criminal Adjustment. Employing normative legal research with statutory and conceptual approaches and a descriptive-analytical examination of the relevant provisions, the study finds that incorporation was carried out selectively and produced five patterns with differing legal consequences. Penalty changes derived from a modified Delphi method have created disproportion between incorporated offences and comparable offences left outside the Code. The repeal of provisions of the Narcotics Law without re-enactment briefly created a legal vacuum, later corrected by the Criminal Adjustment Law, but leaving a dual regulatory framework and a new imbalance stemming from the abolition of special minimum penalties for narcotics alone. Regulating terrorism financing in Article 602 of the Code without repealing Articles 11 and 13 of the Terrorism Law has produced overlapping provisions carrying different penalties. The article recommends article-by-article harmonisation, a review of the proportionality of penalties, and uniform application guidelines for law enforcers.