JAKARTA — The enactment of the National Criminal Code (KUHP) and the new Criminal Procedure Code (KUHAP) marks a major shift in the direction of Indonesia’s criminal law enforcement toward stronger protection of freedom and more substantive justice.
Since officially coming into force on January 2, 2026, the two regulations have underscored the state’s commitment to building a modern legal system that is humane, democratic, and aligned with human rights principles.
Coordinating Minister for Legal Affairs, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra described the implementation of the National Criminal Code and the new Criminal Procedure Code as a historic turning point in Indonesia’s criminal law.
He stated that the end of the use of colonial-era criminal law has opened space for more equitable legal reform.
“This momentum at the same time opens a new chapter in national law enforcement that is more modern, humane, just, and rooted in the values of Pancasila and Indonesian cultural traditions,” Yusril said.
Yusril explained that the reform shifts the paradigm of punishment from a retributive approach to a restorative one.
The restorative approach places victims, offenders, and the community as integral parts of the justice process.
According to him, the new Criminal Code also maintains a balance between freedom of expression and the public interest.
“The new Criminal Code maintains a balance between the protection of freedom of expression and the interests of society, and ensures that punishment is carried out proportionally,” he said.
Strengthening procedural justice is also a key focus of the new Criminal Procedure Code.
Deputy Minister of Law Edward Omar Sharif Hiariej emphasized that the regulation ensures every citizen receives fair treatment from the earliest stages of the legal process.
“From the investigation stage, law enforcement officers are required to inform citizens of their rights, including the right to be accompanied by legal counsel,” Edward stated.
He added that limiting the authority of law enforcement officers and supervising examinations through the use of cameras are concrete steps to prevent abuse of power.
“This is a concrete form of protection to ensure that the law enforcement process runs in a humane and just manner,” he added.
Meanwhile, Minister of Law Supratman Andi Agtas stressed that criminal law reform is not intended to silence civil liberties.
“The government ensures that freedom of opinion, including the right to openly express criticism and aspirations, remains guaranteed within the framework of a democratic rule of law,” Supratman said.
Through the new Criminal Code and Criminal Procedure Code, the government hopes that the protection of freedom and justice will not merely remain written norms, but will truly be realized in law enforcement practices that are transparent, fair, and oriented toward human dignity. (*)