By: Achmad G.
The year 2026 marked a historic moment in the history of Indonesian criminal law. The government officially enacted the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) after a lengthy process of revision and joint deliberation between the executive and legislative branches. This step marked the end of the dominance of colonial-era criminal law and marked the beginning of reforms to a more modern, just, and public-interest-oriented criminal law enforcement system.
Minister of Law Supratman Andi Agtas said that the revision of the Criminal Procedure Code involved a broader consultation process, with almost all law faculties in Indonesia and civil society organizations involved in the drafting of the new Criminal Procedure Code, which contains progressive provisions to improve the criminal justice system and increase the accountability of officials, including the implementation of time limits for handling cases to strengthen legal certainty for suspects, victims, and the community.
The revision of these two basic provisions of criminal law is not merely a textual change, but also part of a transformative effort to create a criminal law that is in line with the character and socio-cultural values of the Indonesian nation . The new Criminal Code and Criminal Procedure Code were drafted with attention to public aspirations, input from academics, civil society organizations, and various parties involved in the dynamics of law enforcement. The government asserts that the revision process has met the standards of broad public participation, with the involvement of academics and civil society groups more intensive than in similar reforms in the past.
For many, the enactment of these two laws symbolizes Indonesia entering a new era of national criminal law . Habiburokhman, Chairman of Commission III of the Indonesian House of Representatives, stated that his party welcomed the implementation of the new Criminal Code and Criminal Procedure Code, calling it a new chapter oriented towards substantive justice, human rights protection, and an effective tool for citizens to seek justice, rather than a tool of repression from the authorities. These changes eliminate the dominance of old rules inherited from the colonial era or the New Order and emphasize that criminal law must protect and empower the community.
The essence of this criminal law reform is not only evident in the structural changes to norms, but also in the paradigm of punishment that is more humane and adaptive to current developments . Many experts and academics believe that the new Criminal Code brings a fundamental transformation from an approach that is solely retaliatory to one that emphasizes restorative and rehabilitative justice . In several regions, such as the Riau Islands, law enforcement officials have also prepared alternative punishment mechanisms such as community service , which provides space for criminals to contribute positively to society and support the social learning process.
This transformation also includes efforts to align criminal law with the values of Pancasila and Indonesian social realities . In the review conducted prior to implementation, the new Criminal Code and Criminal Procedure Code are expected to reflect the ” Indonesian Way “ in criminal law enforcement, namely a system that not only punishes but also maintains social balance, restores interpersonal relationships, and respects human dignity. This emphasizes that modern criminal law is not merely a tool of the state to punish, but also a means of maintaining sustainable justice.
University of Jember (UNEJ) professor Prof. Arief Amrullah stated that the implementation of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) is aimed at realizing Indonesia’s legal sovereignty. The implementation of the new KUHP and KUHAP leads to improvements in the criminal justice system, making it more adaptable to current developments and societal needs.
The introduction of the new Criminal Procedure Code (KUHAP) represents an effort to refine criminal law procedures to be more responsive to the demands of the times and the challenges of contemporary law enforcement. This revision of the KUHAP is designed to align the criminal procedure mechanism with the new Criminal Code, making the processes of investigation, inquiry, prosecution, trial, and execution of verdicts more efficient, transparent, and taking into account the protection of human rights more comprehensively. This step also addresses criticism of the old criminal procedure code, which is considered no longer relevant to the social and technological conditions of the digital era.
This criminal law reform also reflects Indonesia’s legal sovereignty , as the country seeks to break free from decades of dependence on a legal system shaped by colonial heritage. A professor from the University of Jember even stated that the mission of reforming the Criminal Code and Criminal Procedure Code (KUHAP) encompasses four major pillars: decolonization, democratization, consolidation, and harmonization-modernization. With this new paradigm, criminalization is not merely about punishment, but also about rehabilitation, human justice, and respect for individual dignity.
Thus, the introduction of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) is not merely a regulatory change, but also a great hope for the reconstruction of Indonesian criminal law, making it more just, humane, responsive, and reflective of the nation’s aspirations. This new era of Indonesian criminal law opens up opportunities for a legal system capable of meeting the challenges of the 21st century, safeguarding human rights, and strengthening public trust in law enforcement. These reforms demonstrate that criminal law in Indonesia is undergoing a metamorphosis toward a more progressive direction that supports social justice for all citizens.
)* Public Observer
