To discuss on the history of criminal law can not be separated from the history of Indonesia. Indonesia has a very long history and always up to at this time. Several times during the period of occupation of foreign nations. This directly affects the development of law in this state, especially criminal law. Criminal law as part of public law has an important role in governance and state law. Rules of criminal law in order to manage the emergence of a dynamic cosmic circumstances. Creating a peaceful social order and in accordance with community desires.

Criminal law according to Van Hamel is "all the basics and rules of the state in a effort of legal order is to prohibit what is contrary to the law and impose a punishment to violate the regulation." Learn the history of the law will know how a law life in the community during a certain period and in certain areas. History of law important to have a stranglehold jurist beginners to recognize cultural and legal institution.

Continental European law is a legal order which is a mix between Germania law and the law of the Roman law come from of "germana Romana". Law not only changed in the space and location, but also in time tracking.

In general, the history of criminal law in Indonesia is divided into several periods namely:

1. The period of the Kingdoms in Indonesia Archipelago
In the kingdom of the Kingdom of the archipelago that many devices already have a rule of law. Rules are written in the king's decision or with the book of law made by the lawyers. Not denied that adagium parsnip societas IBI ius is right. Because wherever people live, as long as there are communities and groups so that there will be legal. Criminal law that applies differently to the ancients, modern criminal law. Law on the days of old have not been to uphold principles of codification. Law of birth through a process of interaction in the community without any intervention of the kingdom. Traditional criminal law developed very rapidly in the community.

Criminal law applicable at that time not yet know unifikasi. In each region valid rules of criminal law is different. Large range of Sriwijaya Kingdom and the Kingdom of Demak also apply criminal law rules. Regulations such as the Book of Law had the king, the law of Mataram, improbable victory, Kutara Manawa, and the adilullah apply in the community at that time. Traditional criminal law rules are also devices that are criminal and be obeyed by the people archipelago.

Criminal law in this period heavily influenced by religion and faith communities. Religion has role in the formation of criminal law at that time. Criminal hands, which is cut from the concept of absorption and the Islamic concept of crime which must be read more than three persons to be evidence that the teachings of islam religion influence the practice of traditional criminal law at that time.

2. The period of occupation
During the this very long period, reaching more than four centuries. Indonesia colonial experience since the first arrival times of the nation Portuguese, Spanish, and three half-centuries under Dutch control. Indonesia also had experience of government under the English kingdom and empire of Japan. Several times during the turnover of power on the holder of the archipelago also make major changes and significant.

Paradigm of western secular law and create a realistic concept of the rule of law that a written standard. At this time the development of rational thinking is developing very rapidly. Any regulations that are not custom written, and have not considered is replaced with the written rules. Recorded some of the rules made by the Dutch colonial government such as the Statute Batavia (Batavia van statute).

Apply two rules of criminal law for the European Criminal Code (weetboek voor de europeanen) applicable since 1867. Criminal Code also applies to non-European people who apply in 1873.

3. The period of the Criminal Code in 1915 - Now
For more than a hundred years since the Dutch Criminal Code is applied, the Criminal Code against the two different classes of citizens who applied to remain in the Dutch East Indies. The Criminal Code releases and applies to all groups since 1915. Criminal Code is a source of criminal law up to at this time. The establishment of the national Criminal Code is not a rule of law which is the masterpiece of the nation. For the Criminal Code applicable at this time is a derivative of Strafwetboek Nederland (Dutch Criminal Code).

Criminal Code applicable in the Netherlands itself is derived from the French penal code. Penal code to be inspired by the establishment of criminal laws in the Netherlands. This is because the Netherlands is based on the travel history of the empire of power in France.

Pressure the formation of the national Criminal Code immediately As a country who had occupation by foreign nations, the applicable law in Indonesia directly affected by the rules of law applicable in the imperialist countries. The Netherlands is the country with the continental legal system that down through the principle of concordance. Regulations that apply in the colony should be the same as the State law with the Netherlands. Criminal law (straffrecht) is a product of law inherited by the colonists.

In 1965 LPHN (institutions of national law) launch of a business establishment of a new Criminal Code. Criminal law of Indonesia must be done immediately. The nature of law is always behind the reality of the social basis of ideas became the basis of the Criminal Code. Criminal Code that is still valid to this day is a product that is applied in the colonial state to create a colony obedience. Indonesia now become a free country and freedom should be preparing a new criminal laws in accordance with the spirit of the nation.