Singgih Wiryono, Danu Damarjati, Jakarta – The Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP) come into effect today, Friday January 1, 2026.
Since it was enacted as Law Number 1/2023, the latest version of the KUHP has continued to be criticised because it is considered to contain articles that are dangerous for democracy and law enforcement.
Likewise, the KUHAP, which is now Law Number 20/2025, has also been criticised.
The following are comments from the civil society coalition and a legal expert on the new KUHP and KUHAP:
Demonstrations
One of the articles highlighted at a Civil Society Coalition press conference held on Thursday January 1 was the article on freedom of expression in public.
Indonesian Legal Aid Foundation (YLBHI) Chairperson Muhammad Isnur said there is a legal threat to demonstrators who hold an action without notifying the authorities beforehand.
"Whereas if we now look at the (new) KUHP, in fact under (article) 256 it is clear that anyone who without prior notification (holds an action) can be subject to prosecution", said Isnur.
Isnur said that this article clearly contains new norms and will criminalise people who express opinions in public, without prior notification or a permit from the authorities.
For this reason, Isnur believes that the implementation of the new KUHP will drag the public into a complicated democratic situation.
Makar article
In addition to this, Isnur also highlighted the criminal article on maker (treason, subversion, rebellion). In the old KUHP article 106 stipulated that makar was subject to a punishment of life imprisonment.
Meanwhile under the new KUHP, anyone who commits makar is subject to the death penalty.
Disturbing animals
Another issue that was highlighted is the threat of criminal prosecution for people who disturb animals so that they endanger other people.
The old KUHP provided for a six-day criminal penalty for the crime of harassing animals that could endanger other people. This is contained under article 490 of the old KUHP
Meanwhile, the new KUHP carries a maximum penalty of six months or a maximum fine of category II as stated under Article 336.
In his presentation document, Isnur said that the new KUHP repeals article on serious criminal acts against human rights.
This is contained under Article 622 letter m of the new KUHP. This article expressly abolishes and declares that Article 8, Article 9 and Articles 36 to 40 of Law Number 26/2000 on Human Rights Courts no longer apply.
These articles relate to human rights crimes and criminal provisions related to gross human rights crimes.
Dangerous articles in the KUHAP
In addition to highlighting the KUHP, the civil society coalition also highlighted the new KUHAP which is considered to give superpower authority to police officers.
For example, the articles giving investigators the authority to subjectively confiscate, search and block. This is stated under Article 112, Article 113, Article 120 and Article 140 of the new KUHAP.
Under Article 120 for example, investigators can carry out confiscations without a warrant from a court.
There is only one condition required, that there is an investigator's assessment regarding the urgency of the situation. It is feared that this could have a value bias and be dangerous.
Aside from this, Isnur highlighted the superpowers given to National Police (Polri) investigators who can subordinate other investigators.
For example, Article 20 of the KUHAP explains that investigators are coordinated, supervised and given instructions by National Police investigators.
Other similar articles can be seen under Article 7 regarding Civil Servant Investigators (PPNS), Article 93 and Article 99.
There is also the issue of the monopoly over technical assistance cited in Article 56 relating to digital forensics, psychology and medicine.
The Civil Society Coalition believes that this technical assistance should be facilitated by a more independent institution.
There are many articles that were also highlighted such as Article 136 on wiretapping, Article 154 on the obstruction of legal assistance and Article 16 on dangerous investigative techniques.
Does Indonesia still have the rule of law?
University of Indonesia (UI) Faculty of Law Professor Sulistyowati Irianto also spoke out on the implementation of the KUHP and the KUHAP which are considered premature.
He questioned the various events that make up the latest law saying that the main pillars that must be maintained are not visible, namely protecting democracy and society from potential government arbitrariness.
"Are we still a country of law or not? If we are a country of law that is a principle whose aim is indeed to protect society from potential arbitrariness by state administrators. And if we are a state of law, the pillars are clear. First is democracy, second is human rights, third is the independence of the courts, the independence of judges", he said.
However, what Irianto sees in the new KUHAP and KUHP is placing all supremacy in the hands of the state.
The ideal of protecting society from crime and greed is not yet visible. So he borrowed the adage "man behind the gun" as a strong image of the recently enacted KUHAP.
"In this case, who is the man behind the gun, who arbitrarily uses the law as a tool of politicisation? Now, it appears that this law is not as initially intended, but the aim now is to repress groups whose numbers are in the majority but have no power or little power, for the purposes of maintaining the status quo of power", added Irianto.
[Translated by James Balowski. The original title of the article was "Koalisi Sipil Soroti KUHP dan KUHAP Baru: Soal Demo hingga Pengadilan HAM".]