Nabiila Azzahra, Jakarta – Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP) officially took effect on Friday, January 2, 2026. However, the government has yet to ratify any of the necessary implementing regulations.
Currently, one presidential regulation and two government regulations are still awaiting official stipulation to provide the legal basis for the new law.
Dhahana Putra, Director General of Legislation at the Ministry of Law, confirmed that one government regulation and one presidential regulation are waiting for a signature, while another is still being finalized.
"We are waiting for the stipulation of the Draft Presidential Regulation on the IT-Based Criminal Justice System and the Draft Government Regulation on Restorative Justice. Others are in the finalization process," he told Tempo on Friday.
The government aims to finish all these regulations by the end of January. "God willing, within this month," Dhahana said.
He noted that the government will begin a socialization process once the rules are signed. "At the time of stipulation, they will apply immediately. Socialization will follow, including through webinars," he added.
The new KUHAP came into force at the same time as Law Number 1 of 2023 concerning the Criminal Code (KUHP). While the DPR ratified the new KUHP in 2023, lawmakers only passed the new KUHAP on November 19, 2025.
Although they started simultaneously, the New Criminal Code underwent a three-year socialization period. In contrast, the new KUHAP had less than two months for public introduction, a period further shortened by the Christmas and New Year holidays.
The Civil Society Coalition for KUHAP Reform, representing 34 organizations, is urging President Prabowo Subianto to issue a government regulation in lieu of law (Perppu) to delay the implementation. The coalition argues the timeframe was too short and fears that the technical regulations will not be ready in time to guide law enforcement.
"We urge the President to immediately issue a Perppu," said Muhamad Isnur, Chair of the Indonesian Legal Aid Foundation (YLBHI). He spoke during the "Declaration of Indonesia's Legal Emergency" press conference on the YLBHI YouTube channel on January 1, 2026.
These implementing regulations are vital because they detail how the general provisions of the Criminal Procedure Code work in the field. Without these operational rules, the Coalition warns of potential deviations from legal norms. They argue that law enforcement officers may lack the clear technical guidance needed to apply the new code correctly.
– Eka Yudha Saputra contributed to the report
Source: https://en.tempo.co/read/2077800/new-kuhap-takes-effect-without-implementing-rule