On 2 January 2026, Indonesia enacted its new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP), prompting a coalition of civil society organizations to declare an "Indonesian legal emergency." The new laws, which replace Dutch colonial-era criminal legislation, have drawn sharp criticism from legal experts, human rights defenders, and historians. They are concerned that the codes threaten fundamental freedoms and expand state power at the expense of citizens' rights.
Among the most troubling provisions in the new KUHP are restrictions on freedom of expression and assembly. Article 256 now criminalises participation in demonstrations held without prior notification to the authorities, a significant departure from the previous law, which only penalised those who disrupted lawful protests. The code also increases the maximum punishment for treason from life imprisonment to the death penalty. Perhaps most alarming, Article 622 explicitly repeals key provisions of Law Number 26/2000 on Human Rights Courts, effectively eliminating criminal accountability for gross human rights violations. Human rights advocates say that his move will entrench impunity for past and future abuses.
The new Criminal Procedure Code has raised equally serious concerns about expanding police powers without adequate judicial oversight. Under Article 120, investigators can now carry out confiscations without obtaining a warrant from a court, requiring only the investigator's own assessment of urgency. The code also grants National Police investigators authority to coordinate, supervise, and direct other investigative bodies. Human rights observers argue that the new KUHAP grants too much authority to the police. Additional provisions on wiretapping and digital forensics lack sufficient independent oversight, creating conditions in which abuses are likely to occur.
Amnesty International Indonesia Executive Director, Mr Usman Hamid, warned that these codes will encourage authorities to criminalise government critics, noting that provisions on insulting the president, vice president, and state agencies can be instrumentalised to counter dissent. This concern is particularly acute given ongoing detentions of activists arrested during protests in August 2025, which Hamid characterized as reflecting "a political policy of today's administration to suppress criticism." Former Attorney General Marzuki Darusman described the situation starkly: "The KUHAP should have been the last bastion protecting citizens from police arbitrariness. With these new laws, that bastion has collapsed."
The legislative process itself has drawn criticism. The Indonesian Legal Aid Foundation noted that civil society received the official KUHAP document only on 30 December 2025, one day before the bills became effective. Moreover, the bill was enacted with no implementing regulations (Peraturan Pelaksanaan, PP) in place.
That raises the question of whether Indonesia can still be considered a state governed by the rule of law. The new laws increase legal supremacy in the hands of the state, while the protection of citizens from government overreach was significantly weakened. Indonesian Civil Society Organisations (CSOs) have called on President Prabowo to issue an emergency regulation postponing implementation until meaningful public participation and proper transition mechanisms can be established. They encouraged citizens to pursue judicial review before the Constitutional Court.