The Ratification of the New Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) Addresses the Challenges of Modern Law Enforcement
By: Syaiful Rahman )*
The implementation of the new Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) and Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana/KUHAP) officially marks a new chapter in national law enforcement. As of January 2, 2026, Indonesia has left behind the colonial-era criminal law framework and entered a phase of reform designed to respond to social dynamics, technological developments, and the demands for justice in modern society. This ratification is not merely a change of regulations, but a fundamental reordering of how the state views crime, punishment, and the protection of citizens’ rights.
The National Criminal Code, enacted through Law Number 1 of 2023, along with the new Criminal Procedure Code under Law Number 20 of 2025, emerged from a long process of criminal law reform.
The three-year transition period provided space for adaptation for law enforcement officials as well as the public. This step reflects the lawmakers’ prudence in ensuring that such a major transformation proceeds in a measured manner and does not cause disruption in judicial practice.
Coordinating Minister for Legal Affairs, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, views the implementation of these two laws as a historic momentum.
According to him, the government has officially closed the chapter of colonial criminal law and moved toward a system that is more humane, modern, and just. This reform is also rooted in Pancasila values and national culture, so that criminal law no longer feels detached from the social realities of Indonesian society.
Yusril emphasized that the old Criminal Procedure Code, based on Law Number 8 of 1981, is no longer adequate to support human rights principles following the amendments to the 1945 Constitution.
Therefore, procedural reform has become a necessity to ensure alignment with the new National Criminal Code. These changes clarify procedural processes, strengthen oversight of investigators’ authority, and enhance transparency and accountability at every stage of law enforcement.
One of the most significant breakthroughs lies in the shift of the sentencing paradigm. The new Criminal Code no longer places retribution as the primary objective, but instead prioritizes restorative and corrective justice.
This approach emphasizes victim recovery, offender accountability, and the restoration of social balance. Alternative sanctions such as community service, supervision, rehabilitation, and mediation are expanded to reduce reliance on imprisonment while also addressing the issue of overcrowded correctional facilities.
In the context of modern crime, the new codification also demonstrates greater adaptability. The new Criminal Procedure Code recognizes electronic evidence, clearly regulates corporate crime, and formalizes restorative justice mechanisms.
These provisions enable law enforcement authorities to respond to technological developments and the complexity of contemporary crimes without compromising the principle of human rights protection.
Speaker of the House of Representatives (DPR RI), Puan Maharani, regards the implementation of the KUHP and KUHAP in 2026 as a milestone in the renewal and democratization of national law. According to her, these two laws not only reflect regulatory reform, but also a legislative process that seeks alignment with the nation’s identity.
In her view, the DPR together with the government underwent a lengthy process through public dialogue and harmonization of perspectives to ensure that these legal products are of high quality, fair, and beneficial to national interests.
Puan stressed that the reform of criminal law is grounded in Pancasila values and local wisdom. With this approach, the law does not merely pursue normative certainty, but also substantive justice that lives within society. Differences of opinion that arose during the legislative process in fact enriched the substance of the regulations, as they produced common ground acceptable to various stakeholders.
From the perspective of civil liberties protection, Chair of Commission III of the DPR RI, Habiburokhman, emphasized that the new KUHP and KUHAP no longer function as repressive instruments, making their application clearly different from previous policies.
According to him, this criminal law reform will further ensure that there is no arbitrary punishment of citizens who express criticism of the government.
The change in principles from a monistic approach to a dualistic one means that sentencing no longer depends solely on the fulfillment of statutory elements as under previous policies, but also considers the entire legal process, including the offender’s state of mind.
Habiburokhman explained that the new Criminal Code requires judges to place greater emphasis on the principle of justice rather than legal certainty alone. The new Criminal Procedure Code also strengthens protections for witnesses, suspects, and defendants through more active legal counsel assistance, even from the earliest stages of examination.
With the establishment of objective detention requirements and the mandatory application of restorative justice, greater space is now opened for more proportional and fair case resolution for all parties.
Overall, these reforms demonstrate that the ratification of the new KUHP and KUHAP is not merely a normative response by the government, but rather a strategic answer to the emerging challenges of law enforcement in the modern era.
By adopting a paradigm that is more humane than before, more adaptive to the changing times, and oriented toward the protection of human rights, the national criminal law system has now moved toward a new face that is more relevant to the needs of Indonesian society today and in the future. (*)
*) The author is a Legal Literacy Advocate
