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Indonesia
This Week in AsiaPolitics

Indonesia’s ‘humane’ new criminal code sparks warnings about civil liberties curbs

Observers say the new Criminal Code and revised Criminal Procedure Code entrench provisions that undermine democracy

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People walk along a sidewalk in Jakarta’s main business district. Indonesia’s new Criminal Code and revised Criminal Procedure Code came into force on Friday. Photo: EPA
Resty Woro Yuniar
Indonesia’s long-delayed overhaul of its criminal justice system took effect last week, with the government hailing the “historic” change that would usher in a “more humane” era of law enforcement, even as rights groups warn they could further narrow space for dissent and private life.

The new Criminal Code and revised Criminal Procedure Code came into force on Friday, ending decades of debate over how to replace Dutch-era statutes that officials said no longer reflected Indonesian society.

It took more than six decades for Indonesia to revise the colonial Criminal Code and 45 years to update the Criminal Procedure Code (KUHAP). The revised penal code was passed into law in 2022 under then president Joko Widodo, while parliament approved the long-awaited KUHAP revision on November 18.
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Yusril Ihza Mahendra, coordinating minister for law, human rights, immigration, and corrections, said the implementation of the new codes marked “a historic moment” for Indonesia.

“We officially leave behind the colonial criminal justice system and enter a more humane, modern, and just era of law enforcement,” Yusril said in a statement on Friday.

Yusril Ihza Mahendra, Indonesia’s coordinating minister for law, human rights, immigration, and corrections. Photo: Reuters
Yusril Ihza Mahendra, Indonesia’s coordinating minister for law, human rights, immigration, and corrections. Photo: Reuters

The Dutch-era criminal code was deemed “no longer relevant to the dynamics of modern Indonesian society”, as it was “repressive, emphasised imprisonment, and paid little attention to restorative justice and human rights protection”, he said.

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