By Mardani Aliadin )*
The enactment of the new Criminal Code (KUHP), which will take effect on January 2, 2026, marks a significant milestone in the history of Indonesian legal reform. After decades of using the colonial-era Criminal Code, Indonesia finally has a criminal law system designed based on the nation’s own values, needs, and character. The new Criminal Code is not simply a replacement for outdated regulations, but rather a paradigm shift toward a more responsive, proportional criminal law system oriented toward humanity and substantive justice.
One of the most fundamental changes in the new Criminal Code is the shift in orientation from mere punishment to social reintegration. This approach positions criminals not merely as objects of punishment, but as subjects with the potential to be guided, improved, and reintegrated into society. The Head of the Yogyakarta Regional Office of the Ministry of Law, Agung Rektono Seto, emphasized that the primary spirit of the new Criminal Code is humanity and balanced justice. He views criminal law as not merely a means of retribution, but also as a means of social development and recovery, enabling perpetrators to take responsibility and have the opportunity to change.
This social reintegration approach aligns with the values of Pancasila and Indonesian culture, which uphold humanity, justice, and the spirit of mutual cooperation. In this context, the state no longer acts solely as a punisher but also as a mentor, providing space for recovery. The new Criminal Code is expected to create a legal climate that encourages criminals to regret their actions, improve themselves, and return to contributing positively to society. This paradigm is crucial for breaking the cycle of crime often fueled by social stigma and a repressive penal system.
In line with this view, Deputy Minister of Law Eddy Hiariej emphasized that the new Criminal Code is designed as a modern, humanistic, and future-oriented legal instrument. As a Professor at the Faculty of Law at Gadjah Mada University, Eddy sees the new Criminal Code as an answer to the long-awaited need for criminal law reform. According to him, the social reintegration approach is believed to be able to reduce recidivism rates because perpetrators are no longer positioned as enemies of society, but rather as individuals encouraged to take responsibility and undergo a proportional rehabilitation process.
The more proportional sentencing system in the new Criminal Code also reflects an effort to balance the interests of the state, victims, and perpetrators. Punishment is no longer viewed as an end in itself, but as a means to achieve broader justice, including the restoration of social relationships disrupted by criminal acts. Thus, the new Criminal Code has the potential to create more sustainable law enforcement effectiveness, as the success of the law is measured not only by the severity of the punishment, but also by its impact on social order and harmony.
Furthermore, the success of the new Criminal Code depends heavily on the adjustment of the law enforcement paradigm by law enforcement officials. Benny Utama, a member of Commission III of the House of Representatives (DPR), emphasized that the spirit of the new Criminal Code and Criminal Procedure Code demands a more humane, transparent, and equitable approach to law enforcement. The relationship between the state, represented by law enforcement officials, and citizens in conflict with the law must be balanced.
According to Benny, the new Criminal Code and Criminal Procedure Code firmly strengthen the protection of the rights of suspects, victims, and witnesses. Every person suspected of committing a crime must be provided with an understanding of their right to legal assistance from the outset of the investigation process, regardless of the severity of the criminal charges. Strengthening the role of legal counsel at every stage of the investigation is a crucial tool to prevent abuse of authority and ensure the legal process is conducted fairly.
The new regulations also strengthen guarantees for suspects’ rights during the investigation process, including the right to be represented by a lawyer who can raise objections in the event of intimidation or demanding questioning. The obligation to record these objections in the investigation report and the use of surveillance cameras at every stage of the investigation demonstrate the state’s commitment to preventing abuse and torture. This transparency is expected to increase the accountability of law enforcement officials and public trust in the criminal justice system.
Furthermore, the new Criminal Code and Criminal Procedure Code demonstrate a bias towards vulnerable groups such as persons with disabilities, women, and the elderly. The obligation to provide special needs assessments and friendly and accessible examination facilities reflects the principle of non-discrimination that is at the heart of the law.Modern justice. Restorative justice mechanisms, applicable at all stages of a case, also create a more recovery-oriented resolution, without neglecting legal certainty and oversight through court decisions.
With all these reforms, the new Criminal Code is expected to create a more responsive and proportional criminal justice system. Future challenges lie in consistent implementation, the readiness of the authorities, and public participation in overseeing its implementation. If implemented with strong commitment, the new Criminal Code will not only serve as a symbol of Indonesia’s legal sovereignty but also the foundation for a more just and civilized criminal justice system.
)* The author is a criminal law observer