Implementation of the New Criminal Code and Criminal Procedure Code Increases the Effectiveness of Criminal Case Handling
By: Juana Syahril*
The enactment of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) is a significant milestone in the journey of national legal reform. These two legal instruments mark the end of the colonial criminal justice system and open a new chapter in law enforcement that is more modern, measured, and equitable. Their simultaneous implementation throughout Indonesia demonstrates the state’s readiness to ensure legal certainty and the protection of human rights.
Law enforcement officers are at the forefront of ensuring an effective transition. The Indonesian National Police (Polri) has expressed its full readiness by preparing various technical guidelines as a basis for implementing the new Criminal Code and Criminal Procedure Code. Brigadier General Trunoyudo Wisnu Andiko, Head of Public Information Bureau of the National Police Public Relations Division, stated that the Criminal Investigation Agency (Bareskrim) has compiled comprehensive guidelines, including an administrative format for criminal investigations that aligns with the latest regulations. These guidelines have been approved by the highest leadership of Bareskrim and serve as the official reference for all ranks.
The implementation of these guidelines applies across the Indonesian National Police (Polri). All elements of law enforcement, from the criminal investigation function, Baharkam (National Police Security Agency), the Traffic Corps, the Corruption Eradication Commission (Kortas Tipikor), to the Densus 88 Anti-terrorism Unit, carry out their duties based on these new provisions. With uniform guidelines, the investigation process is expected to be more orderly, transparent, and accountable, while minimizing differences in interpretation in the application of criminal law.
Furthermore, the Attorney General’s Office (AGO) also ensures institutional readiness to implement Law Number 1 of 2023 concerning the Criminal Code and the new Law on the Criminal Procedure Code. Anang Supriatna, Head of the AGO’s Legal Information Center, stated that the AGO has established a mutual understanding with various stakeholders through a Cooperation Agreement. This synergy involves the National Police, regional governments at the provincial and district levels, and the Supreme Court, ensuring alignment across all stages of law enforcement.
Technical measures are also a primary focus of the AGO. Prosecutor’s capacity is continuously enhanced through technical guidance, focus group discussions, and collaborative cross-agency training. In addition, the Attorney General’s Office (AGO) has adjusted its internal policies by rewriting standard operating procedures, guidelines, and technical instructions. This effort aims to ensure uniformity in handling criminal cases throughout Indonesia, ensuring that the public receives equal legal treatment regardless of location.
The government views the enactment of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) as the result of a long process of criminal law reform that began in the 1998 Reform era. Based on Law Number 1 of 2023 concerning the National Criminal Code and the new Law on the Criminal Procedure Code, Indonesia officially abandoned the colonial criminal law system that had been in use for over a century. This change was seen as an urgent need to adapt the law to the nation’s social, political, and cultural dynamics.
Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, stated that the enactment of these two regulations opens a new chapter in national law enforcement rooted in the values of Pancasila and Indonesian culture. According to him, the national criminal code is now designed to be more humane and just, in line with the development of human rights principles following the amendments to the 1945 Constitution.
Fundamental changes are also evident in the approach used. The old Criminal Code, derived from the 1918 Wetboek van Strafrecht voor Nederlandsch-Indie, was deemed irrelevant due to its repressive tendencies and emphasis on imprisonment. The new National Criminal Code shifts this paradigm by prioritizing restorative justice, victim recovery, and a balance between the interests of the state, perpetrators, and society. With this approach, law enforcement is not solely oriented toward punishment, but also toward conflict resolution and social recovery.
The updated Criminal Procedure Code (KUHAP) also strengthens the guarantee of human rights protection in the criminal justice process. Clearer and more measurable procedural procedures provide certainty for law enforcement officials while protecting citizens. With the synchronization of the Criminal Code and the new KUHAP, all stages of case handling, from investigation, inquiry, prosecution, to trial, are expected to be more effective and efficient.
Overall, the implementation of the new Criminal Code and Criminal Procedure Code reflects the strong commitment of the government and law enforcement officials to building a modern and just national criminal justice system. The readiness of the National Police, the Prosecutor’s Office, and cross-institutional support are crucial to ensuring the consistent implementation of these regulations throughout Indonesia.sia. Thus, the effectiveness of criminal handling can be increased, public trust in law enforcement strengthened, and the overall goal of national criminal law reform can be achieved sustainably.
The successful implementation of the new Criminal Code and Criminal Procedure Code also depends heavily on the readiness of human resources and public understanding of the changes in applicable law. Therefore, massive and ongoing outreach efforts are a crucial part of the national criminal law reform agenda. Law enforcement officers are encouraged to not only understand the normative aspects but also be able to apply the spirit of legal reform in their daily practices.
Furthermore, the implementation of the new Criminal Code and Criminal Procedure Code is expected to strengthen public trust in the national criminal justice system. Clearer legal certainty, a coordinated case handling mechanism, and a more humane approach are believed to create a legal climate conducive to national stability.
)* The author is a Bogor student living in Jakarta
