Indonesia has enacted a new penal code, replacing laws dating back over a century. The move, announced Friday, introduces a new national criminal code (KUHP) and a criminal procedures code (KUHAP), superseding laws from 1918 and 1981.
A Shift in Justice
Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra characterized the change as a “historic milestone” signaling a new era for Indonesia’s legal system. The new criminal code notably shifts the country’s approach from punishment to rehabilitation and social reintegration. This is reflected in the introduction of alternative penalties, including community service, mediation, and medical rehabilitation, particularly for drug offenses.
The KUHP also revises and repeals criminal offenses related to corruption, money laundering, and corporate criminal liability. New penalties have been introduced for crimes involving intellectual property, such as trademark infringement and trade secret disclosure.
Procedural Enhancements and Past Opposition
Alongside the new criminal code, the KUHAP aims to improve efficiency within the judicial system through enhanced investigative, prosecutorial, and trial procedures, including the introduction of digital systems. However, the path to implementation wasn’t without obstacles.
Parliamentary adoption of the new code was delayed from an initial plan in 2019 due to student-led demonstrations. Protesters voiced concerns over provisions that would have criminalized extra-marital relations and penalized criticism of the president and state institutions. Concerns were also raised regarding potential reductions in the authority of the Corruption Eradication Commission.
Recent cases highlight ongoing challenges with corruption. In July 2024, a former minister received a 10-year prison sentence for graft. The UN has also called for a plan to combat corruption within Indonesia’s palm oil industry, and investigations were launched in March 2025 into a state-owned gas company following allegations of embezzlement.
Frequently Asked Questions
What is the main change brought about by the new criminal code?
The new criminal code shifts Indonesia’s criminal system from a retributive model, focused on punishment, to a restorative model, prioritizing rehabilitation and social reintegration.
What concerns were raised during the development of the new code?
Student-led demonstrations opposed provisions criminalizing extra-marital relations and penalties for insulting the president and state institutions. Concerns were also raised about potential reductions in the authority of the Corruption Eradication Commission.
What types of crimes are now subject to new penalties under the KUHP?
The KUHP introduces new penalties for intellectual property-related crimes, such as trademark and branding infringement, and revises penalties for offenses including corruption and money laundering.
As Indonesia implements these sweeping legal reforms, it remains to be seen how these changes will impact the country’s justice system and broader society.
