Indonesia New Criminal Code 2026 Takes Effect Amid Human Rights Concerns
Indonesia New Criminal Code 2026 (KUHP) takes effect today, Jan 2, 2026. Explore the impact on civil liberties, the ban on pre-marital sex, and the lack of judicial oversight.
They've finally shaken off the Dutch colonial legacy, but the new chains might be tighter. Indonesia's long-awaited and highly controversial New Criminal Code (KUHP) officially comes into effect today, January 2, 2026. The 345-page document replaces laws that have governed the archipelago since before its independence in 1945, marking a significant yet divisive shift in the nation's legal landscape.
Impact of the Indonesia New Criminal Code 2026 on Civil Liberties
The code's most headlines-grabbing provisions include the criminalization of sex before marriage and cohabitation, punishable by up to one year in prison. While the government has tried to soothe tourist concerns by requiring a direct family member to file a complaint for charges to proceed, civil rights groups remain skeptical. Furthermore, insults against the president or state institutions can now lead to a three-year sentence, sparking fears that the law will be weaponized to silence dissent.
We've identified at least 88 articles that are so broadly defined they could be misused to criminalize those peacefully exercising their rights.
Erosion of Judicial Oversight in Criminal Procedures
Parallel to the KUHP, a new Criminal Law Procedure Code (KUHAP) also begins today. Experts like Maidina Rahmawati argue it's a step backward from the 1981 code. The new procedure lacks robust judicial oversight, making it easier for police to conduct arrests and detentions without a warrant. This omission was reportedly due to judges' heavy workloads, but critics say it leaves the public vulnerable to authority abuse.
Current Law Minister Supratman Andi Agtas admitted in a recent Reuters interview that the law isn't perfect. "We're not blind," he stated, acknowledging the potential for abuse but emphasizing that public control and oversight will be necessary as the country transitions to this new legal framework.
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