Salman Mardira, Jakarta – Indonesia has formally implemented a new Criminal Code and Criminal Procedure Law, marking the end of a legal framework rooted in Dutch colonial rule and ushering in what the government calls a more modern, rights-based justice system.
The National Criminal Code (KUHP) under Law No. 1 of 2023 and the new Criminal Procedure Code (KUHAP) under Law No. 20 of 2025 took effect on Friday, replacing laws that had governed Indonesia's criminal justice system for more than a century.
Chief Legal Affairs and Human Rights Minister Yusril Ihza Mahendra said the move represented a historic turning point for Southeast Asia's largest democracy.
"Today marks a historic moment for Indonesia. We are officially leaving behind the colonial criminal law system and entering an era of law enforcement that is more humane, modern and just," Yusril told reporters in Jakarta.
The previous Criminal Code dated back to the 1918 Dutch-era Wetboek van Strafrecht, while the old Criminal Procedure Code was enacted in 1981 during the authoritarian New Order era.
According to Yusril, the new code fundamentally changes Indonesia's approach to criminal punishment, shifting it from a retributive model toward restorative justice. Sentencing is no longer focused solely on punishment but also on restoring harm suffered by victims, communities, and offenders.
The new code expands alternative penalties, including community service, rehabilitation, and mediation. It also places greater emphasis on medical and social rehabilitation for drug users, a move aimed at easing chronic prison overcrowding.
Local values and customary norms are also incorporated into the criminal justice framework. Sensitive provisions, including those governing private conduct, are designed to limit excessive state intervention.
"The new criminal code strikes a balance between protecting freedom of expression and safeguarding public interests, while ensuring punishment is imposed proportionately," Yusril said.
To support the transition, the government has prepared 25 implementing government regulations, one presidential regulation and a range of secondary rules. The laws will not apply retroactively: cases initiated before Jan. 2, 2026, will continue under the old legal framework.
"This implementation is not the end, but the beginning of continuous evaluation," Yusril said. "The government remains open to input from civil society to ensure a criminal justice system that is fair, humane and sovereign."
Key provisions
Several provisions in the new KUHP have drawn attention:
Cohabitation outside marriage is now regulated under Article 412, punishable by up to six months in prison or a fine. However, it is classified as a complaint-based offense, meaning cases can only proceed if reported by close family members such as a spouse, parents, or children.
Community service sentences are formally introduced under Article 85 as an alternative to imprisonment.
Insulting the president or vice president is criminalized under Article 218, carrying penalties of up to three years in prison.
Public demonstrations without prior notification to authorities are subject to penalties of up to six months in prison or a fine under Article 256.
The public promotion of communism or Marxism-Leninism, or ideologies deemed contrary to Indonesia's state philosophy of Pancasila, is prohibited under Article 188, with penalties of up to four years in prison.