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By:
Team of Hukumindo
Previously, the www.hukumindo.com platform has talk about "Scotland Organized Crime Boss Arrested in Bali", "Britain Suspends Extradition Treaty With Hong Kong", you may read also "Quotex Case Convict Doni Salmanan Declared Parole" and on this occasion we will discuss about 'The New Criminal Code and Criminal Procedure Code Officially Enacted in Indonesia'.
The government officially enacted the National Criminal Code (KUHP) based on Law Number 1 of 2023 and the new Criminal Procedure Code (KUHAP) based on Law Number 20 of 2025 on January 2, 2026. Coordinating Minister for Law, Human Rights, Immigration and Corrections Yusril Ihza Mahendra said that the enactment of these two laws marks a new chapter in national law enforcement that is more modern, fair, and rooted in the values of Pancasila and Indonesian culture. Yusril said that this Criminal Procedure Code replaces the old Criminal Procedure Code which was a product of the New Order as stated in Law Number 8 of 1981. Although it was drafted after independence, the old Criminal Procedure Code was deemed not to fully reflect the principles of human rights as they developed after the amendment to the 1945 Constitution of the Republic of Indonesia, so it needed to be updated to support the implementation of the new National Criminal Code.[1]
Furthermore, the Coordinating Minister for Law, Human Rights, and Immigration and Corrections emphasized that the enactment of the new Criminal Code and Criminal Procedure Code is the result of a long process of criminal law reform that began in the 1998 Reform era. The old Criminal Code, which originated from the Wetboek van Strafrecht voor Nederlandsch-Indie of 1918, was deemed no longer relevant to the dynamics of modern Indonesian society because it was repressive, emphasized imprisonment, and paid little attention to restorative justice and human rights protection. The new National Criminal Code, according to Yusril, fundamentally changes the approach to criminal law from retributive to restorative. The goal of punishment is no longer solely to punish the perpetrator, but also to restore the victim, society, and the perpetrator themselves. This approach is reflected in the expansion of alternative punishments such as social work, rehabilitation, and mediation, including an emphasis on medical and social rehabilitation for drug users to reduce overcrowding in correctional institutions.[2]
Moreover, the National Criminal Code also integrates local, customary, and cultural values of Indonesia into the criminal law system. Sensitive provisions, such as extramarital relations, are formulated as complaint offenses to prevent excessive state intervention in the private sphere. Yusril emphasized that the government has prepared 25 government regulations (PP), one presidential regulation (Perpres), and various other derivative regulations to support the transition period. The non-retroactive principle remains in effect, where cases before January 2, 2026, use the old provisions, while cases after that are subject to the new Criminal Code and Criminal Procedure Code.[3] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you.
*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Jakarta - Indonesia.
E-mail: mahmudkusuma22@gmail.com
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References:
1. "KUHP dan KUHAP Baru Resmi Berlaku, Penegakan Hukum di Indonesia Masuki Era Baru", www.setneg.go.id, 05 Januari 2026, Diakses pada tanggal 21 April 2026, Link: https://www.setneg.go.id/baca/index/kuhp_dan_kuhap_baru_resmi_berlaku_penegakan_hukum_di_indonesia_masuki_era_baru
2. Ibid.
3. Ibid.






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