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Indonesia enforced its new penal code on Friday, according to local media, replacing colonial-era laws that had governed the country for over a century.
Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra described the move as a historic milestone that marks the beginning of a new era in Indonesia’s legal system. The legal reform implemented a new national criminal code (KUHP) and a criminal procedures code (KUHAP), replacing two old laws from 1918 and 1981.
The major innovation brought by the new criminal code is that it shifts Indonesia’s criminal system from a retributive to a restorative model, prioritizing rehabilitation and social reintegration over punishment. For this purpose, the KUHP introduced alternative penalties such as community service, mediation, and medical rehabilitation for drug offences, aiming to reduce prison overcrowding. These changes echoed the calls of civil society groups who have previously urged Indonesian authorities to reform national drug laws and to adopt a more human rights-based approach.
Additionally, the new KUHP revised and repealed several criminal offenses, including corruption, money laundering crimes, and corporate criminal liability. The amendment of the anti-corruption provisions sparked criticism for reducing the penalty for corruption crimes from four years to two years of imprisonment. The new code also reduced the fine to 10 million Rp while the old law stipulated a minimum fine of 200 million Rp. Furthermore, the KUHP introduced new penalties for intellectual property (IP)-related crimes, such as trademark and branding infringement, false ownership of IP, and the disclosure of trade secrets.
On the other hand, the new KUHAP enhances investigative, prosecutorial, and trial procedures. It also introduces digital systems to improve the judicial system’s efficiency.
The new penal code was approved in 2022, following an earlier version intended to be implemented in 2019. However, parliamentary adoption was postponed due to student-led demonstrations opposing the bill. Protesters objected to controversial provisions criminalizing extra-marital relations and reintroducing penalties for insulting the president and state institutions. Additional controversy arose from reductions in the authority of the Corruption Eradication Commission, the agency responsible for combating corruption, in a country that has previously experienced several corruption cases involving government officials.
In July 2024, a court sentenced a former minister to 10 years in prison over graft charges. Additionally, the UN announced the need to implement a plan to combat corruption and increase transparency in Indonesia’s palm oil industry. In March 2025, the attorney general launched investigations into a state-owned gas company following allegations of embezzlement.
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Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra described the move as a historic milestone that marks the beginning of a new era in Indonesia’s legal system. The legal reform implemented a new national criminal code (KUHP) and a criminal procedures code (KUHAP), replacing two old laws from 1918 and 1981.
The major innovation brought by the new criminal code is that it shifts Indonesia’s criminal system from a retributive to a restorative model, prioritizing rehabilitation and social reintegration over punishment. For this purpose, the KUHP introduced alternative penalties such as community service, mediation, and medical rehabilitation for drug offences, aiming to reduce prison overcrowding. These changes echoed the calls of civil society groups who have previously urged Indonesian authorities to reform national drug laws and to adopt a more human rights-based approach.
Additionally, the new KUHP revised and repealed several criminal offenses, including corruption, money laundering crimes, and corporate criminal liability. The amendment of the anti-corruption provisions sparked criticism for reducing the penalty for corruption crimes from four years to two years of imprisonment. The new code also reduced the fine to 10 million Rp while the old law stipulated a minimum fine of 200 million Rp. Furthermore, the KUHP introduced new penalties for intellectual property (IP)-related crimes, such as trademark and branding infringement, false ownership of IP, and the disclosure of trade secrets.
On the other hand, the new KUHAP enhances investigative, prosecutorial, and trial procedures. It also introduces digital systems to improve the judicial system’s efficiency.
The new penal code was approved in 2022, following an earlier version intended to be implemented in 2019. However, parliamentary adoption was postponed due to student-led demonstrations opposing the bill. Protesters objected to controversial provisions criminalizing extra-marital relations and reintroducing penalties for insulting the president and state institutions. Additional controversy arose from reductions in the authority of the Corruption Eradication Commission, the agency responsible for combating corruption, in a country that has previously experienced several corruption cases involving government officials.
In July 2024, a court sentenced a former minister to 10 years in prison over graft charges. Additionally, the UN announced the need to implement a plan to combat corruption and increase transparency in Indonesia’s palm oil industry. In March 2025, the attorney general launched investigations into a state-owned gas company following allegations of embezzlement.
The post Indonesia enforces new penal code replacing colonial criminal law appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.