Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra described the move as a historic milestone.
“This moment opens a new chapter for law enforcement that is modern, humane, just, and rooted in Pancasila and Indonesian cultural values,” he said on Friday.
The KUHP, passed under Law No. 1 of 2023, and the KUHAP, enacted under Law No. 13 of 2024, represent the culmination of decades of reform efforts that began in 1998.
The previous KUHP was based on the Wetboek van Strafrecht voor Nederlandsch-Indie, introduced in 1918 during Dutch colonial rule, while the old KUHAP dated back to the New Order era (Law No. 8/1981).
Both codes were criticized for being repressive, overly focused on imprisonment, and failing to reflect modern human rights standards following constitutional amendments.
The new KUHP shifts Indonesia’s criminal law from a retributive model to a restorative one, emphasizing rehabilitation and reconciliation.
It introduces alternative punishments such as community service, mediation, and medical or social rehabilitation for narcotics users—measures aimed at reducing prison overcrowding.
Sensitive issues, including extramarital relations, are now classified as complaint-based offenses, limiting state intrusion into private matters.
Meanwhile, the new KUHAP strengthens investigative, prosecutorial, and trial procedures.
It enhances transparency, protects victims’ and witnesses’ rights, expands restitution mechanisms, and incorporates digital systems to improve efficiency.
To support the transition, the government has prepared 25 implementing regulations.
Cases filed before January 2, 2026, will continue under the old codes, while new cases will follow the updated KUHP and KUHAP.
“This is the beginning of continuous evaluation,” Mahendra said, inviting civil society to contribute feedback. “Our goal is a criminal justice system that is fair, humane, and sovereign.”
Translator: Agatha, Kenzu
Editor: Aditya Eko Sigit Wicaksono
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