The Civil Society Coalition for Legal Reform officially declared an "Indonesian legal emergency" during a press conference held on New Year's Day, Thursday January 1.
The declaration was triggered by the enactment of the new Criminal Procedure Code (KUHAP) – Law Number 20/2025 – and the new Criminal Code (KUHP), which are scheduled to come into force on January 2, 2026 (today).
Legal figures, historians and human rights activists who attended believe these new regulations are a form of the of government incompetence and a demonstration of authoritarianism that threatens human rights and the future of Indonesian democracy.
Procedural chaos and the threat of criminalisation
Indonesian Legal Aid Foundation (YLBHI) Chairperson Muhammad Isnur emphasised that the current state of law enforcement in Indonesia is "terrifying". He also highlighted the legislative process, which he considered formally flawed, manipulative and rushed.
"We only received the official KUHAP document on December 30, yet it was to go into effect the next day (January 2). This is extremely dangerous for every citizen. The state is allowing chaos to ensue without sufficient socialisation and without clear implementing regulations (RPP)", said Isnur.
Isnur added that the lack of strict oversight of law enforcement officers under the new laws has the potential to increase violence, torture and even extrajudicial killings.
He urged the President to immediately issue a Government Regulation in Lieu of Law (Perppu) to delay the enactment of this regulation until a mature and participatory transition is underway.
Collapse of citizens' protection
Former Attorney General Marzuki Darusman expressed the sharp observation that the enactment of these laws was not simply a matter of incompetence, but rather a reflection of the government's authoritarian character.
"The KUHAP should have been the last bastion protecting citizens from police arbitrariness. With these new laws, that bastion has collapsed. We are no longer just in a state of emergency, but may have entered a phase of legal catastrophe", Darusman asserted.
He urged the public to prepare to file judicial reviews with the Constitutional Court as the law's nature is seen to be in conflict with the 1945 Constitution.
Legal politicisation and multisectoral impacts
Law Professor Sulistyowati Irianto highlighted how the function of the law has now shifted to become a politicised tool for the ruling elite to maintain power. According to Irianto, the pillars of the rule of law – democracy, human rights and judicial independence – have been shaken.
"The public's right to be heard and participate has been ignored. The impact is not only on the legal system, but also on the economy. Legal uncertainty will trigger capital flight, mass layoffs and extraordinary social unrest", explained Irianto.
Links with militarism and the erasure of history
Historian Ita Fatia Nadia complemented this critical analysis by linking the legal crisis to other policies, such as last year's revisions to the Indonesian Military (TNI) Law and efforts to revise national history. She sees a systematic pattern of erasing the nation's collective memory of past gross human rights violations.
"This new KUHAP is the 'key' to locking civil society into an authoritarian system. When the military's role in civilian space is strengthened and the history of human rights violations is erased, checks on power are lost", said Nadia.
Coalition statement
In the declaration, the Civil Society Coalition conveyed several key demands:
1. Urging the President to immediately issue a Perpu revoking or postponing the new KUHP and KUHAP.
2. Demanding transparency and meaningful public participation in the drafting of all derivative regulations (PP/RPP).
3. Calling on all elements of society to not remain silent in witnessing the destruction of the national legal system.
The press conference concluded with an affirmation that any human rights violations resulting from the unpreparedness of this system are the full responsibility of the President and the House of Representatives (DPR). (Ris)
[Translated by James Balowski. The original title of the article was "Deklarasi Indonesia Darurat Hukum".]
Source: https://jakartasatu.com/2026/01/02/deklarasi-indonesia-darurat-hukum