Indonesia entered a new phase in its legal history on January 2, 2026. On that date, the government officially brought into force the National Criminal Code (KUHP) and the new Criminal Procedure Code (KUHAP), replacing the Dutch colonial–era criminal law system that had been in effect for more than a century.
This enactment marks a major shift in the national legal landscape and stands as an important milestone for Southeast Asia’s largest democracy.
The End of a Colonial Legacy
Since gaining independence in 1945, Indonesia had continued to rely on the 1918 Wetboek van Strafrecht voor Nederlandsch-Indië. Over time, this colonial criminal code was increasingly viewed as incompatible with the realities of modern society, as it was considered repressive, overly focused on imprisonment, and lacking a restorative justice approach.
Efforts to revise the code spanned decades and reached a critical stage in 2019. However, the planned passage at that time was postponed after triggering widespread national protests.
Public criticism centered on concerns over potential discrimination, threats to civil liberties, and a legislative process widely perceived as lacking transparency.
After a three-year transition period, the National Criminal Code has finally come into effect. The government has described this moment as the end of the colonial criminal law era and the beginning of a legal system that is more modern, humane, and rooted in the values of Pancasila and Indonesian culture.
Key Provisions Under Scrutiny
The National Criminal Code contains several provisions that have drawn international attention from the outset. One of the most notable concerns the regulation of sexual relations outside of marriage and cohabitation.
Such acts may be subject to criminal sanctions, but they are classified as complaint-based offenses, meaning legal proceedings can only be initiated upon a report filed by a lawful spouse or close family members. The government has emphasized that this mechanism is intended to prevent arbitrary law enforcement, including against tourists.
The Code also reinstates provisions on insults against the president, vice president, state institutions, and the state ideology. These cases may only proceed upon a direct complaint from the president and carry penalties of up to three years’ imprisonment.
Deputy Minister of Law Edward Omar Sharif Hiariej stated that the government has issued strict guidelines to distinguish legitimate criticism from criminal insult. Human rights groups, however, argue that the provision still poses a risk to freedom of expression.
In addition, the Code maintains and expands provisions on blasphemy, with penalties of up to five years in prison for deviations from the teachings of the six religions officially recognized by the state.
The ban on communist and Marxist-Leninist ideologies also remains in force, accompanied by severe criminal penalties.
A Shift in the Philosophy of Punishment
Beyond its controversial provisions, the National Criminal Code introduces a fundamental transformation in Indonesia’s philosophy of punishment. The criminal justice approach shifts from a retributive model toward a restorative one.
The objective of sentencing is no longer solely to punish offenders, but also to restore victims, repair social relationships, and encourage the reintegration of offenders into society.
This shift is reflected in the expanded use of alternative sanctions such as community service, rehabilitation, and mediation. Judges are granted broader discretionary powers to impose sentences that are proportional and context-sensitive. This approach is also expected to help address the chronic problem of prison overcrowding.
The new Criminal Code retains the death penalty but introduces a revised mechanism in the form of a 10-year probationary period. If the convicted person demonstrates good behavior during this period, the death sentence may be commuted to life imprisonment or a fixed term of 20 years through a presidential decision, taking into account consideration from the Supreme Court.
Legal Harmonization and Sentencing Adjustments
In parallel with the implementation of the new Criminal Code and Criminal Procedure Code, the government enacted Law No. 1 of 2026 on Sentencing Adjustments. This law serves as an overarching legal framework to harmonize criminal provisions across hundreds of sectoral laws with the new Criminal Code.
The regulation governs adjustments to the death penalty, standards for calculating criminal fines, and sanctions for corporate offenders. Judges may impose additional fines of up to 10 percent of a corporation’s profits or annual turnover if the statutory maximum fine is deemed insufficient to produce a deterrent effect.
Mandatory minimum sentences are also abolished to allow greater flexibility in minor cases, except for extraordinary crimes such as corruption, terrorism, gross human rights violations, and offenses involving narcotics and psychotropic substances.
Implications for the Digital Space and Conclusion
In the digital sphere, criminal provisions under the Electronic Information and Transactions Law are now directly aligned with the new Criminal Code, including articles related to defamation, hate speech, and the dissemination of false information. These adjustments are intended to reduce excessive criminalization in cyberspace.
With the enactment of the National Criminal Code and Criminal Procedure Code, Indonesia is not merely replacing legal texts, but fundamentally redefining the direction of its criminal justice policy.
The success of this reform will largely depend on consistent implementation, effective harmonization of subordinate regulations, and the state’s commitment to maintaining a balance between order, freedom, and justice.
