Legal Experts Assess New Criminal Procedure Code and Criminal Code Do Not Violate Public Rights

JAKARTA – The enactment of the new Criminal Procedure Code (KUHAP) and Criminal Code (KUHP) is deemed not to violate citizens’ rights.

Several stakeholders have emphasized that these two regulations are actually important milestones in criminal law reform that are more just and uphold human rights.

The Chairman of Commission III of the Indonesian House of Representatives (DPR RI), Habiburokhman, described the new KUHAP and KUHP as reformist and pro-human rights legal products. He urged the public to welcome the implementation of the two regulations, which officially came into effect on Friday, January 2, 2026.

“To all Indonesian people, we wish you the best of luck in enjoying these two main criminal law regulations, which are highly reformist, pro-recognition and pro-human rights, and much more effective in delivering justice,” said Habiburokhman.

According to him, the birth of the new KUHP and KUHP was the result of a long struggle that was thoroughly discussed in the DPR before being finally ratified. The enactment of these two laws marks a new chapter in the national legal system.

“Our long struggle to replace the Criminal Code (KUHP) inherited from the Dutch colonial era and the Criminal Procedure Code (KUHAP) inherited from the New Order has finally been realized after 29 years of reform,” he said.

He stated that the law no longer functions as a repressive tool of power, but rather as a means for the people to seek justice.

Prim Haryadi, Chief Justice of the Criminal Chamber of the Supreme Court of the Republic of Indonesia, expressed a similar view. He considered the ratification of the new KUHAP to be a crucial moment for reforming the criminal justice system, in line with the enactment of the 2023 Criminal Code.

“The new KUHAP brings a number of significant reforms, including strengthening the human rights protection mechanism for parties in the criminal justice process,” Prim said.

He added that the new KUHAP not only regulates the technical aspects of procedural law but also strengthens the orientation of substantive justice. Furthermore, the KUHAP also provides greater scope for the application of restorative justice.

“The courts are expected to play a more optimal role in overseeing the judicial process from the initial stage. The application of restorative justice is strictly regulated in the KUHAP,” Prim emphasized.

Meanwhile, Hinca Panjaitan, a member of Commission III of the Indonesian House of Representatives (DPR RI), emphasized that the new regulation must end law enforcement practices that have the potential to violate human rights. He emphasized that law enforcement officers must work professionally and precisely, supported by implementing regulations.

“No more human rights violations. No more pressure. This PP is a necessity and an inevitability,” he said.