JAKARTA – The implementation of the national Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP) is considered to have begun to show a real impact on law enforcement practices.
This is reflected in the verdict against former ASEAN Inter-Parliamentary Assembly (AIPA) employee Laras Faizati, who was sentenced to six months’ probation with the obligation to undergo one year of supervision.
The Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, considered the ruling to be initial evidence of the success of criminal law reform after the new Criminal Code and Criminal Procedure Code officially came into effect. He emphasized that law enforcement is now more oriented toward substantive justice.
“The supervised criminal sentence against Laras Faizati is a concrete example that the law is currently enforced with conscience and is oriented towards justice rather than mere legal certainty,” said Habiburokhman.
According to him, even though Laras was proven to have committed the act as charged, the judge took various aspects into consideration so that he did not sentence her to prison.
Meanwhile, Deputy Minister of Law, Edward Omar Sharif Hiariej, highlighted the lengthy and complex process of drafting the national Criminal Code. The diversity of social, cultural, and religious backgrounds in Indonesia presents a unique challenge in crafting a criminal code that is acceptable to all parties.
“If we follow North Sulawesi’s example, judging the article to be too intrusive into the private sphere, then West Sumatra will say it’s not aspirational. If we follow West Sumatra’s example, judging the article too weak, then North Sulawesi will say it’s not aspirational,” Eddy said.
Among practitioners, Ade Putra Wibawa assessed that the enactment of the National Criminal Code based on Law Number 1 of 2023 and the new Criminal Procedure Code based on Law Number 20 of 2025 since January 2, 2026, strengthens legal protection for the community.
“This is because both regulations were born from the social, political, and cultural context of the nation itself,” he said.
He highlighted significant changes, ranging from legal assistance from the initial stages of the examination to the implementation of restorative justice (RJ) as an obligation in certain cases.
“In addition, the new Criminal Code regulates RJ as an obligation in certain cases, especially crimes with a penalty of less than five years,” he said.
According to Ade, this approach affirms the new direction of national criminal law, which prioritizes justice, restitution, and benefit, while still allowing for constitutional corrections if norms conflict with higher regulations.