The Enactment of the New Criminal Code and Criminal Procedure Code Replaces Pancasila-Based Criminal Law Reform

By: Raka Pradipta )*
The enactment of the new National Criminal Code and Criminal Procedure Code on January 2, 2026, marks a crucial phase in Indonesian legal reform. This policy not only replaces outdated legislation but also affirms the direction of national legal policy, grounded in the values ​​of Pancasila, the development of modern society, and the need for a more just and humane criminal justice system. The state is consciously taking a historic step to close the long chapter of colonial criminal law and open space for a legal system that better reflects the nation’s identity.
For decades, Indonesian criminal law has been implemented within a normative framework designed in a colonial context, oriented toward punishment, and positioning the state as the dominant actor in legal relations. In Indonesia’s democratic and pluralistic context, this approach is increasingly difficult to maintain. The government views the reform of the Criminal Code and Criminal Procedure Code as an objective necessity to address social dynamics, technological developments, and the growing demands for human rights protection following the reform era.
Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, emphasized that the enactment of the National Criminal Code and Criminal Procedure Code marks the beginning of a new era of law enforcement that is more modern, just, and rooted in the values ​​of Pancasila and national culture. This statement demonstrates that these changes are not merely technical, but rather represent a shift in the philosophy of national criminal law. The state no longer views crime solely as a violation of authority, but rather as a social problem that demands a more comprehensive solution.
This paradigm shift is evident in the approach to punishment adopted by the National Criminal Code. The orientation of criminal law no longer relies on imprisonment as the primary response, but instead opens up ample space for alternative punishments and restorative justice. This approach places victim recovery, perpetrator responsibility, and the restoration of social harmony as key goals of punishment. Within the framework of Pancasila, this policy reflects the state’s efforts to translate just and civilized humanitarian values ​​into operational positive law.
While prioritizing a humanistic approach, the National Criminal Code maintains the state’s firm stance against crimes that have widespread impacts and undermine the foundations of national life. Corruption, terrorism, gross human rights violations, and sexual violence are expressly excluded from restorative justice mechanisms. This affirmation is crucial to ensure that criminal law reform is not interpreted as weakening law enforcement, but rather as an effort to dispense justice proportionately according to the nature of the crime.
Conversely, the reform of the National Criminal Procedure Code (KUHAP) strengthens the foundation of an integrated criminal justice system, which has been a major agenda item in legal reform. Minister of Law Supratman Andi Agtas emphasized that changes to criminal procedure law are aimed at balancing state authority with the protection of human rights. The state still requires effective law enforcement instruments, but these instruments must be implemented within the framework of accountability and strict oversight.
Strengthening the role of judges in overseeing coercive measures, expanding the scope of pretrial proceedings, and regulating court permission for most investigative actions demonstrate the government’s commitment to preventing abuse of authority. Deputy Minister of Law Edward Omar Sharif Hiariej also emphasized that the new KUHAP actually narrows the scope for criminalization and the practice of fabricating cases by increasing criminal sanctions for officials who pervert the judicial process. Thus, legal reform not only regulates citizens but also disciplines state officials.
Several articles that have sparked public debate need to be viewed within the broader framework of criminal law reform. The government has consistently explained that these regulations are equipped with safeguards, such as the absolute nature of the complaint offense, the principle of non-retroactivity, and the affirmation that freedom of expression and the right to assemble remain protected. An open and transparent approach to public communication is an integral part of the government’s strategy to build public understanding and trust.
Furthermore, the National Criminal Code also recognizes the existence of living law within society through the recognition of customary law, as long as it does not conflict with Pancasila and human rights. This recognition reflects the character of national law, which is not rigid and centralized, but rather adaptive to Indonesia’s social and cultural diversity. The state plays a role as a balance between the interests of individuals, society, and public order.
The enactment of the National Criminal Code and Criminal Procedure Code must ultimately be understood as a long-term foundation.The development of Indonesian criminal law. The government has prepared various implementing regulations, cross-agency coordination mechanisms, and a socialization agenda to ensure the transition period is consistent and sustainable. The success of this reform will be largely determined by the integrity of law enforcement officials and public participation in overseeing its implementation.
With a more modern, humanistic, and just normative foundation, this Pancasila-based criminal law reform has the potential to strengthen legal certainty while safeguarding the nation’s dignity. If implemented consistently, the National Criminal Code and Criminal Procedure Code will not only be new legislative products but also a marker of the nation’s maturity in enforcing just, civilized, and future-oriented laws.
*) Legal Policy and State Administration Observer