The New Criminal Code and Criminal Procedure Code are the Answer to Demands for Justice in Law Enforcement
Jakarta – The updates to the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP) are considered a significant milestone in national legal reform and a response to the need for justice in law enforcement in Indonesia. The introduction of these two new regulations is expected to create a criminal justice system that is more humane, just, and in line with societal developments.
Deputy Minister of Law, Eddy Hiariej, emphasized that the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) bring many fundamental changes to the Indonesian legal system. He stated that these reforms were not born unilaterally, but rather through a long process involving broad public participation.
Eddy explained that the government and the House of Representatives (DPR) have opened a dialogue space and received various public input in the process of drafting the Criminal Code and Criminal Procedure Code Bills for the period March to May 2025. This participation also includes the involvement of government partners, such as the Ministry of Immigration and Corrections and the National Counterterrorism Agency (BNPT).
“Thus, the Criminal Code and the Criminal Procedure Code serve as the legal backbone, while ministries and institutions serve as the operational engine,” said Eddy.
He believes that synergy between regulations and law enforcement agencies is key to truly realizing the goal of substantive justice in the field.
Similarly, the Chairman of Commission III of the House of Representatives, Habiburokhman, noted the ratification of Law No. 1 of 2023 concerning the Criminal Code and Law No. 20 of 2025 concerning the Criminal Procedure Code as a historic milestone in Indonesian legal reform. After more than a century of using colonial-era criminal law, Indonesia finally has a criminal law system designed based on the nation’s own values and needs.
Habiburokhman highlighted the change in principles adopted in the new Criminal Code, from a monistic to a dualistic principle. This change places the perpetrator’s mental attitude, or mens rea, as a crucial factor in sentencing, rather than solely the fulfillment of the elements of the crime.
“With the new Criminal Code, judges can prioritize justice over mere legal certainty. This is more progressive than our constitutional provisions,” he said.
Meanwhile, the Senior Expert Drafter of Legislation at the North Maluku Regional Office of the Ministry of Law and Human Rights, Eki Indra Wijaya, explained that the renewal of the Criminal Code and Criminal Procedure Code is a strategic step to realize a criminal law system that is humanistic and in line with the social values of Indonesian society.
He explained that the new Criminal Code contains strengthening of the principles of restorative justice, regulations on fines and alternative sentencing, as well as protection of human rights.
The new Criminal Procedure Code, Eki continued, is designed to strengthen the guarantee of citizens’ rights from the investigation stage to trial.
“This regulation aims to create a legal process that is transparent and accountable and upholds the principle of due process of law,” he said.
With these comprehensive updates, the new Criminal Code and Criminal Procedure Code are expected to meet public demands for fair, balanced, and substantive justice-oriented law enforcement. (*)
