*) By: Dennis Satya
The enactment of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) on January 2, 2026, marked a significant chapter in Indonesia’s national legal history. For the first time since independence, Indonesia officially abandoned the Dutch colonial criminal law system and replaced it with a legal system designed based on the values of Pancasila, the constitution, and the social development of Indonesian society. This momentum is seen as a long-awaited milestone in criminal law reform.
The new Criminal Code, enacted through Law No. 1 of 2023, and the new Criminal Procedure Code (KUHAP) enacted at the end of 2025, are the result of a lengthy legislative process involving the government, the House of Representatives (DPR), academics, and various elements of civil society. For decades, Indonesia has continued to use the Wetboek van Strafrecht (The Criminal Code) and the Herziene Inlandsch Reglement (The Code of Inheritance of the Inland) that emerged during the colonial era, despite several partial amendments. This situation is considered no longer in line with the needs of modern society and the spirit of a sovereign state based on the rule of law.
The government emphasized that this reform is not merely a technical legal change, but rather a paradigm shift in criminal law enforcement. Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, stated that the enactment of the new Criminal Code and Criminal Procedure Code demonstrates the state’s commitment to building a more just criminal justice system oriented toward protecting human dignity. He stated that Indonesian criminal law is no longer based on colonial repression, but rather on a balance between legal certainty, justice, and expediency.
Materially, the new Criminal Code introduces a number of significant changes. Several criminal provisions have been updated to be more relevant to social norms and current developments. The approach to sentencing also no longer solely emphasizes punishment, but instead opens up space for alternative sanctions, such as community service and supervision. The concept of restorative justice is further strengthened, particularly for minor crimes, juvenile offenses, and cases with specific social dimensions. The government considers this approach crucial to prevent imprisonment from becoming the sole solution to every legal violation.
Furthermore, the new Criminal Code also reorganizes the classification of criminal acts and provides a more systematic formulation of offenses. Several articles previously open to multiple interpretations have been clarified, although some provisions continue to spark public debate. Furthermore, the state is striving to adapt criminal law to contemporary challenges, including developments in information technology and the dynamics of modern crime.
Meanwhile, the updates to the new Criminal Procedure Code (KUHAP) address procedural aspects that have often been under scrutiny. The old KUHAP was deemed to have failed to fully protect the rights of suspects and defendants, particularly during the investigation and inquiry stages. The new KUHAP strengthens the principle of due process through stricter regulations regarding detention, examination, and the presentation of evidence. The right to legal aid is expanded from the early stages of the criminal process, and oversight mechanisms for the actions of law enforcement officers are clarified.
The Attorney General’s Office (AGO) has expressed institutional readiness to face these changes. The Head of the Attorney General’s Office’s Legal Information Center, Anang Supriatna, emphasized that the AGO has made various preparations, including adjusting internal regulations and increasing human resource capacity. He stated that the implementation of the new Criminal Code and Criminal Procedure Code (KUHAP) demands greater professionalism, as every law enforcement action is now subject to stricter accountability standards.
From a legislative perspective, the Indonesian House of Representatives (DPR RI) views this update as part of a broader national legal reform agenda. Firman Soebagyo, a member of the DPR’s Legislative Body, stated that the creation of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) is an effort to build a criminal justice system that reflects the identity of the Indonesian nation. He acknowledged that not everyone agrees with all existing provisions, but he believes that differences of opinion are part of a healthy democratic dynamic. Legislators hope that the implementation of this law will be continuously evaluated to ensure it remains in line with the public’s sense of justice.
However, the implementation of the new Criminal Code and Criminal Procedure Code is not without challenges. Several civil society organizations and human rights activists warn of the potential for abuse of authority if oversight is not optimal. Concerns have also been raised regarding the relatively complex new regulations among law enforcement officials and the public. Without adequate outreach and ongoing training, the legal reforms risk being ineffective in practice.
The government itself has emphasized that the transition period is a crucial phase. National outreach efforts, the development of implementing regulations, and the strengthening of coordination between law enforcement agencies will continue throughout early 2026. The goal is to ensure that the new Criminal Code and Criminal Procedure Code are not only formally enforceable but also capable of delivering substantive justice in everyday criminal justice practices.
The enactment of the new Criminal Code and Criminal Procedure Code (KUHAP) is a symbol of national legal independence and a real test of the state’s commitment to progressive justice. The success of these reforms will be measured not only by the text of the laws, but also by the way the law is enforced fairly, transparently, and oriented towards protecting human rights. With strong public oversight and consistent political will, the new Criminal Code and Criminal Procedure Code are expected to provide a solid foundation for a modern and just Indonesian criminal justice system.
)* The author is a contributor to the Advanced Young Indonesia Network (JMIM)