Jakarta – The enactment of the new National Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP) marks a significant chapter in the history of law enforcement in Indonesia. After more than a century of using criminal law inherited from the Dutch colonial era, Indonesia has officially entered a new era with a criminal law system designed to meet the needs of an independent, democratic, and sovereign nation.
Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, emphasized that the enactment of the new Criminal Code and Criminal Procedure Code marks the end of the colonial era. According to him, the two laws are not merely technical in nature but also reflect a paradigm shift in the state’s perspective on justice and law enforcement.
“This momentum also opens a new chapter in national law enforcement that is more modern, humane, and just, rooted in the values of Pancasila and Indonesian culture,” said Yusril.
He emphasized that the new Criminal Code is designed to balance the interests of the state, society, and individuals.
“This new Criminal Code maintains a balance between protecting freedom of expression and the public interest, while ensuring that punishment is carried out proportionally,” he said.
Echoing this sentiment, Minister of Law Supratman Andi Agtas stated that the process of drafting the new Criminal Code was lengthy and careful. He said the government and the Indonesian House of Representatives (DPR RI) are abandoning colonial legacies to build a national criminal code that is relevant to current developments and democratic values.
Supratman also emphasized the strong public involvement in the legislative process.
“I don’t think there has ever been such extensive public involvement, or what we call meaningful participation, as seen in the drafting and deliberation of this Criminal Procedure Code,” he said.
He added that almost all law faculties in Indonesia, civil society, and various community coalitions were involved to provide input.
Amid public concerns, particularly on social media, regarding the potential criminalization of criticism of the government, Bawono Kumoro, a researcher at Indikator Politik Indonesia, offered a different assessment. He believes the government’s assertion that several articles in the new Criminal Code constitute complaints actually strengthens the guarantee of freedom of expression.
“This means the government guarantees that any criticism from the public will not result in criminal charges,” said Bawono.
According to him, the new Criminal Code is not intended to restrict freedom of expression, but rather to protect democratic space so that it remains healthy and responsible.
He also dismissed concerns from influencers who believed the new Criminal Code, which came into effect on January 2, 2026, had the potential to criminalize criticism.
“Several articles in the new Criminal Code actually free the public to criticize the government without fear of criminalization or prosecution. This means that these concerns are baseless,” he said.
With the spirit of legal decolonization and broad public participation, the new Criminal Code is expected to reflect modern Indonesian law that is just, democratic, and rooted in the nation’s identity. (*)