Indonesia officially reformed it’s law enforcement and justice system by enacting the new Criminal Code (KUHP/KUHAP), Law Number 1 of 2023 concerning the Criminal Code (New KUHP), which came into effect since January 2, 2026.

The enactment of Law Number 1 of 2023 concerning the Criminal Code (New KUHP) represents a milestone in national criminal law reform. The old Criminal Code, a legacy of Dutch colonial rule (Wetboek van Strafrecht voor Nederlandsch-Indië), which had been in effect for over a century.

The New KUHP was born with the spirit of legal decolonization, replacing the colonial criminal law system with a criminal law rooted in Pancasila the foundational philosophical theory and national ideology of Indonesia, ‘humanity, and social justice’ , in accordance with the cultural values ​​imbued in Indonesia.

The following are the fundamental differences between the old and new KUHP:

1. Philosophy and Objectives

* Old KUHP: Primarily focused on retributive justice (punishing perpetrators for their crimes). Based on the Dutch-era Wetboek van Strafrecht (The Code of Criminal Procedure) of 1918, the principle of absolute punishment was adopted.

* New Criminal Code: Emphasizes restorative justice, aiming to restore social balance and rehabilitate perpetrators rather than simply impose punishment. From the principle of absolute punishment to conditional punishment.

There are supervision sentences, community service sentences, and substitute fines as more humane alternatives, as stipulated in Articles 64-79 of the New Criminal Code.

2. Classification of Violations

Old Criminal Code: Divided illegal acts into two distinct categories: Crimes and Misdemeanours.

New Criminal Code: Eliminates this distinction, consolidating all unlawful acts into one category: Criminal Acts.

3. Customary Law

Old Criminal Code: Based on the principle of legality, meaning that only acts specifically written in law are punishable.

The New Criminal Code officially recognizes Customary Law as criminal law. Article 2 paragraph (1): “The law that exists in society applies as long as it is in accordance with the values ​​of Pancasila and the general legal principles recognized by the nation.”

4. Penalties and the Death Penalty

Old Criminal Code: In the concept of the death penalty, the death penalty was the “main” punishment, often carried out immediately after all legal appeals were exhausted. New Criminal Code: Reclassifies the death penalty as an alternative or conditional sentence (Article 100 paragraph (1) of the 2023 Criminal Code), where the death penalty can be suspended with a 10-year probationary period, and can be commuted to life imprisonment if the convict demonstrates behavioural improvement.

5. Transforming Criminal Liability

Corporate Liability: While colonial criminal law only recognized individual liability, the new Criminal Code expands the scope of criminal liability, including for corporations, as stipulated in Articles 45–50 of the 2023 Criminal Code

Personal Conduct: Introduces articles criminalising cohabitation and extramarital sex (now a complaint-based offense, meaning only close family members can report it).

Insulting State Institutions: Reintroduces and updates provisions regarding insulting the President or state institutions, which critics say could impact freedom of speech.

Alternative Sanctions: Introduces non-custodial options such as community service and supervision for minor crimes to reduce prison overcrowding.