Jakarta — The implementation of the National Criminal Code (KUHP) marks a new chapter in criminal law reform in Indonesia. Fundamental changes not only affect substantive legal norms but also affect criminal procedural law through adjustments to the Criminal Procedure Code (KUHAP). In this context, the integrity and preparedness of law enforcement officers are considered key factors in ensuring the effective, fair, and legal certainty of the new KUHP implementation for the public.
The Head of the Center for Information and Law (Kapuspenkum) at the Attorney General’s Office, Anang Supriatna, stated that the changes to the Criminal Code and Criminal Procedure Code have fundamental implications for the criminal justice system, particularly in the area of procedural law. This situation demands the preparedness of law enforcement officers to ensure uniform implementation and avoid differences in interpretation in the field.
According to Anang, the Attorney General’s Office has prepared various internal guidelines to ensure prosecutors have a shared understanding of how to handle general criminal cases. These guidelines were prepared by the Deputy Attorney General for General Crimes (Jampidum) and systematically disseminated to all levels of the prosecutor’s office.
“We already have guidelines issued by the General Prosecutor’s Office (Jampidum) to be distributed to prosecutors handling general criminal cases regarding the use of procedural law,” said Anang.
In addition to internal strengthening, the Prosecutor’s Office is also strengthening cross-agency coordination with other law enforcement agencies. This effort was carried out through the signing of a memorandum of understanding (MoU) to align perceptions between the Prosecutor’s Office, the Police, and other investigators. The MoU is expected to prevent sectoral egos and ensure the implementation of the new Criminal Code runs smoothly.
“There has also been an MoU on aligning perceptions between the Prosecutor’s Office, the Police, and investigators, and the Attorney General attended the signing at National Police Headquarters yesterday,” he said.
Anang emphasized that the implementation of the new Criminal Code and Criminal Procedure Code is not merely a matter of procedural changes, but also reflects a shift in the paradigm of law enforcement. The Prosecutor’s Office, he said, is no longer solely focused on criminalization, but also on restoring justice and state losses.
“The case is not only about criminalizing individuals, but also about recovering state losses,” he emphasized.
A similar view was expressed by Adang Daradjatun, a member of Commission III of the Indonesian House of Representatives (DPR RI) from the Prosperous Justice Party (PKS) faction. He emphasized that the implementation of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) should not be understood simply as a change in legal norms. The biggest challenge lies in the readiness of law enforcement officials, from the National Police (Polri), the Prosecutor’s Office (AGO), the Courts, and even the Correctional Institutions.
“The hope is that the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) will bring about a fundamental paradigm shift,” Adang said.
He explained that the criminal law reform shifts the law enforcement approach from one that is solely repressive to the principle of ultimum remedium. The new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) encourage the implementation of restorative justice, alternative punishments other than imprisonment, and recognition of existing laws within society.
According to Adang, without comprehensive preparation that includes an understanding of the legal substance, human resources, institutions, and legal culture, the implementation of the new Criminal Code has the potential to create confusion and disparities in law enforcement. Therefore, he emphasized the crucial role of the DPR’s oversight during the transition period.
“We will continue to monitor the implementation of the new Criminal Code and Criminal Procedure Code to ensure that it does not deviate from the objectives of national criminal law reform,” he said.
Meanwhile, Meity Rahmatia, a member of Commission XIII of the Indonesian House of Representatives (DPR RI), highlighted the objectives of punishment in the new Criminal Code, which prioritizes prevention, rehabilitation, and social peace. She stated that Article 51 of the new Criminal Code opens up space for alternative punishments, such as community service outside correctional institutions.
According to Meity, this approach is expected to resolve the chronic problem of overcrowding in prisons and detention centers. However, she also emphasized the importance of law enforcement officers’ readiness to implement this new approach professionally and responsibly.
“They must fully prepare their personnel to be able to effectively implement the mandate of the new Criminal Code,” she concluded.