By: Fajar Bagus Wardana )*
The government has reaffirmed its commitment to safeguarding and protecting freedom of expression amidst the implementation of the new Criminal Code (KUHP). This affirmation is crucial to address growing public concerns, particularly in the digital space, regarding potential restrictions on freedom of expression. In a democracy, freedom of expression is a guaranteed constitutional right and a key foundation for public participation in governance. Therefore, reforms to the national criminal code must be understood as an effort to strengthen legal governance, not as an instrument to silence criticism. The government believes that the emerging narrative needs to be clarified objectively and based on legal facts.
Minister of Law, Supratman Andi Agtas, emphasized that the drafting of the Criminal Code and the Criminal Procedure Code (KUHAP) was carried out through a lengthy process involving various stakeholders. This process included the participation of academics, legal practitioners, civil society organizations, and open and democratic public dialogue. The government ensures that every formulated provision remains based on the principle of protecting human rights as mandated by the constitution. The new Criminal Code was not drafted unilaterally, but rather through an accountable and inclusive mechanism. This approach demonstrates the state’s commitment to maintaining a balance between legal certainty and civil liberties.
The enactment of the Criminal Code and the Criminal Procedure Code does not restrict freedom of opinion or freedom of expression. The right to express criticism, opinions, and aspirations, including through demonstrations, remains protected within the national legal framework. The government believes that constructive criticism is an essential part of the development process and oversight of government operations. Therefore, the notion that the New Criminal Code is designed to silence public opinion is unfounded. The government is committed to maintaining an open and healthy democratic space.
The Deputy Minister of Law, Edward Omar Sharif Hiariej, also emphasized that the provisions regarding demonstrations in the Criminal Code do not constitute a restriction on rights. These provisions are administrative in nature and aim to maintain public order and protect the rights of others. These regulations are necessary to ensure that the freedom of one group does not interfere with the rights and safety of another. In practice, the state remains obligated to facilitate the safe and orderly expression of public opinion. This approach aligns with the principles of constitutional democracy, which place freedom and order as complementary elements.
Furthermore, the government believes that the new Criminal Procedure Code (KUHAP) introduces a number of progressive provisions to strengthen human rights protection. This reform of criminal procedure law is aimed at creating a fairer, more transparent, and accountable justice system. Strengthening the rights of suspects, witnesses, and victims is a crucial part of this reform. The government is also pushing for a more effective oversight mechanism over the authority of law enforcement officials. Thus, the new KUHAP is expected to increase public trust in the national criminal justice system.
From an observer’s perspective, Bawono Kumoro, a researcher at Indikator Politik Indonesia, believes that the government’s affirmation of the nature of the complaint offense in the new Criminal Code is an important signal to the public. The complaint offense provision ensures that criticism of the government is not automatically criminalized. This confirms that the new Criminal Code is not intended to restrict freedom of expression, but rather to proportionally regulate acts that are truly unlawful. This affirmation is considered relevant in addressing public concerns, particularly those developing on social media. With proper understanding, it is hoped that the public will not be trapped by misleading information.
The concerns of some influencers and netizens regarding the potential criminalization of criticism are believed to arise from a lack of understanding of the substance of the new Criminal Code. The government recognizes that fundamental regulatory changes require massive and ongoing socialization. Therefore, public education efforts are a crucial agenda to ensure the public understands the context and objectives of criminal law reform. The government also opens a dialogue space for input and clarification on various emerging issues. This step reflects the state’s commitment to building two-way communication with the public.
The enactment of the new Criminal Code on January 2, 2026, is part of a long-planned national legal reform effort. The new Criminal Code is expected to reflect national values, social developments, and modern legal needs. In the context of freedom of expression, the government emphasizes thatThis regulation actually provides clearer legal certainty. This certainty is crucial to prevent abuse of the law, either by officials or certain parties. With a firmer and more measured legal framework, democracy is expected to function more healthily.
The government also believes that a strong democracy requires a balance between freedom and responsibility. Freedom of expression must be exercised responsibly, without violating the law or violating the rights of others. The new Criminal Code (KUHP) is intended to provide clear guidelines for social and national life. In this regard, the state does not position itself as a barrier, but rather as a guarantor of order and justice. This approach aligns with the practices of modern democracies around the world.
The public is expected to resist being easily provoked by baseless negative narratives regarding the reform of the Criminal Code. Public criticism and discourse remain important, but must be based on a comprehensive and objective understanding. The government invites all elements of society to support the policy of reforming the Criminal Code as part of strengthening the national legal system. Public support is key to the effective and equitable implementation of this regulation. With an open, rational, and participatory approach, the reform of the Criminal Code is expected to strengthen democracy and protect human rights in Indonesia.
)* The author is a National Criminal Law Consultant.