Implementation of the New Criminal Code Becomes a Momentum for a National Legal System Based on Pancasila and Human Rights
By: Muhammad Rizki Darwis
The implementation of the National Criminal Code (KUHP), which will take effect in early 2026, marks an important chapter in the history of Indonesian law. After more than a century of using a colonial-era criminal law system, Indonesia is officially transitioning to a national criminal law system with a modern paradigm designed in accordance with the nation’s values, needs, and identity. The government views this momentum as a milestone in legal reform that affirms national legal sovereignty while strengthening the protection of human rights.
Minister of Law Supratman Andi Agtas stated that the enactment of the national KUHP is a historic moment, as Indonesia is formally leaving behind the colonial criminal law paradigm. According to him, the new criminal law system no longer views law merely as an instrument of retaliation, but as a means to deliver justice, restoration, and the protection of human dignity. This paradigm shift is considered to be in line with the spirit of Pancasila, which places humanity and social justice as its core principles.
The government explained that one of the fundamental differences between the old Criminal Code and the national KUHP lies in the approach to sentencing. Whereas imprisonment previously served as the primary instrument of punishment, the national KUHP no longer centers punishment on incarceration. The new system is directed toward providing space for victim recovery while encouraging offenders to repent and reintegrate positively into society. This approach reflects a shift toward restorative justice that is more relevant to the needs of modern law enforcement.
Within this framework, the national KUHP introduces a more humane sentencing system through the application of a double track system. The government explained that judges are now granted flexibility to impose punishment and measures simultaneously, impose punishment without additional measures, or impose measures without criminal punishment. This mechanism allows court decisions to be tailored to the character of the offender, the impact of the offense, and the interests of victims and society.
In addition, the national KUHP contains a number of substantive reforms. The government revealed that the previous classification separating “crimes” and “violations” has been abolished to make the legal system simpler and more adaptive. The national KUHP also recognizes the existence of living law—laws that live within society—so long as they do not conflict with the Constitution. Other reforms include the recognition of corporations as subjects of criminal liability, a more proportional classification of fines, and the regulation of the death penalty with a probationary period as a manifestation of the state’s caution in imposing the most severe sanction.
Amid this transition process, the government has also responded to several critical issues circulating in society. One of them concerns provisions on insults against the President and state institutions. The Minister of Law emphasized that these provisions are not intended to restrict freedom of expression or criticism of government policies. To ensure that democratic space remains open, such provisions are classified as complaint-based offenses, which can only be processed through a written report submitted by the President, Vice President, or the head of the relevant state institution.
Another issue that has drawn public attention is the regulation of demonstrations. The government explained that the national KUHP continues to guarantee the public’s right to express opinions in public. As long as demonstrations are conducted with prior notification in accordance with prevailing laws and regulations, participants cannot be criminally prosecuted, even if the action results in disruptions to public interests or public disorder. This provision is viewed as a form of state protection of citizens’ constitutional rights.
From the legislative side, Deputy Speaker of the House of Representatives (DPR) Sufmi Dasco Ahmad affirmed that the implementation of the national KUHP and the new Criminal Procedure Code (KUHAP) in early 2026 has fulfilled all formal and material requirements for the enactment of laws. He stated that the drafting process for both regulations was lengthy and involved broad public participation. The DPR considers the involvement of the public, academics, and other stakeholders to be a crucial factor in ensuring that the substance of the laws aligns with national legal needs.
A number of legal experts view the implementation of the national KUHP as a strategic step in consolidating Indonesia’s legal system. The codification of criminal law based on Pancasila and the 1945 Constitution is considered capable of providing legal certainty while addressing the challenges of modern crime. Nevertheless, they also emphasize the importance of socialization and strengthening the capacity of law enforcement officers so that the implementation of the national KUHP proceeds uniformly and does not give rise to multiple interpretations.
The government recognizes that the implementation stage will be the key to the success of this criminal law reform. Therefore, various law enforcement institutions continue to carry out socialization efforts and internal adjustments. The government is also preparing implementing regulations to ensure that the transition from the old regulations to the national KUHP proceeds in an orderly and just manner.
With the enactment of the national KUHP, the government hopes that Indonesia’s criminal law system will become more relevant, humane, and oriented toward substantive justice. This reform is positioned not as an end point, but as an initial foundation for building a sovereign, adaptive, and sustainable national legal system for future generations.
*) Public Policy Observer
