By: Maya Wahyuni )*
The enactment of the new Criminal Code and Criminal Procedure Code marks a significant chapter in national legal reform. The government positions these reforms as the foundation for building a criminal justice system that is fairer, more balanced, and more relevant to the dynamics of modern society.
The direction of modern policy is clearly visible from law enforcement practices which are starting to show a change in orientation, no longer solely emphasizing punishment, but also on protecting the rights of suspects and restoring the rights of victims.
One concrete example emerged in the case of former ASEAN Inter-Parliamentary Assembly employee Laras Faizati. Her sentence of six months’ probation with a mandatory one-year supervised release was seen as reflecting a new approach to national criminal law.
The Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, assessed that the decision reflects the spirit of legal reform that has long been fought for, in which judges are given broader space to consider aspects of substantive justice.
According to Habiburokhman, the implementation of the provisions in the new Criminal Code and Criminal Procedure Code allows judges to avoid being trapped by uniform sentencing patterns as in the past. In Laras’s case, although the elements of the crime were proven, the court considered various factors that made imprisonment no longer the only option. This approach is seen as an effort to maintain a balance between legal certainty and a sense of justice.
He also expressed his appreciation for the panel of judges, who he deemed had carried out their duties professionally and conscientiously. He also expressed his hope that this case would serve as a lesson for the parties involved to be more discerning in expressing their opinions in public, without repeating the same mistakes.
In addition to this case, Habiburokhman noted several other cases demonstrating the tangible benefits of the new Criminal Code and Criminal Procedure Code. One example is the judge’s application of a pardon verdict in a juvenile criminal case at the Muara Enim District Court. In that case, although the juvenile was found guilty of aggravated theft, the judge chose not to impose a prison sentence. This decision was seen as in line with the principles of child protection and the more educational goals of sentencing.
A similar approach was also seen in the handling of the alleged blasphemy report against Panji Pragiwaksono. In this case, law enforcement officials emphasized that they would adhere to the provisions of the Criminal Code and the new Criminal Procedure Code. The case’s handling orientation is not directed at arbitrary punishment, but rather at a proportional assessment of the reported act, ensuring that individual rights are protected during the legal process.
Victim protection is also a key focus in the implementation of the new regulations. This is reflected in the handling of the alleged embezzlement case involving the Dana Syariah Indonesia application, currently being handled by the National Police Criminal Investigation Agency (Bareskrim Polri). In this case, the new Criminal Procedure Code provisions are being used to ensure that the seizure of evidence serves not only as evidence but also as a means of restitution for the victim’s losses.
This approach demonstrates that criminal procedural law no longer exists solely for the state’s benefit in punishing perpetrators, but also exists to guarantee victims’ rights to receive real justice. The government believes this restorative orientation is crucial for increasing public trust in the criminal justice system.
In terms of policy formulation, Eki Indra Wijaya, an Associate Expert in Legislation Drafting at the North Maluku Regional Office of the Ministry of Law, explained that the updated Criminal Code and Criminal Procedure Code were designed in response to the need for a more humane criminal justice system. He emphasized that the norms in the new Criminal Code were formulated with consideration for Indonesian social values and human rights principles.
The new Criminal Code, according to Eki, strengthens the principle of restorative justice, expands alternative sentencing options, and restructures the fines to be more proportional. This approach aims to avoid excessive punishment, which could lead to new social problems, without reducing the deterrent effect and preventative function of criminal law.
Meanwhile, the new Criminal Procedure Code (KUHAP) is designed to provide more comprehensive guarantees for the protection of citizens’ rights. Criminal procedural law is strengthened from the inquiry stage through trial, emphasizing transparency, accountability, and respect for the principle of due process of law. This is considered crucial to prevent potential abuse of authority in law enforcement.
Academic perspectives also reinforce this direction of reform. Muhammad Tabrani, an academic from Khairun University in Ternate, believes that the creation of the new Criminal Code and Criminal Procedure Code (KUHAP) cannot be separated from the broader vision of national legal reform. He emphasized that this reform arose from a historical awareness of the need to abandon the legacy of colonial law, which is no longer fully relevant to current societal conditions.
According to Tabrani, the main challenge going forward lies in implementation. Therefore, the role of academics and the public is considered crucial in overseeing the implementation of the new Criminal Code and Criminal Procedure Code to ensure it remains in line with the initial objectives of the reforms. Constructive public oversight is seen as part of the process of maturing the national legal system.
Overall, the government views the enactment of the new Criminal Code and Criminal Procedure Code as a strategic step in strengthening the protection of the rights of suspects and victims. With a more balanced approach, the criminal justice system is expected to deliver justice that is not only formal but also tangible to the public. This reform is a strong signal that the state continues to strive to establish law enforcement that is just, humane, and oriented towards the wider public interest.
)* The author is a contributor to the Pertiwi Institute