Law Professor Warns Indonesia’s New Criminal Codes Threaten Democracy and Human Rights

Breaking: Indonesia’s New Criminal Code Faces Early Scrutiny as KUHP Takes effect

JAKARTA, January 1, 2026 — A leading law professor from the University of Indonesia is raising alarms as Indonesia prepares to implement the newly enacted Criminal Code (KUHP) alongside the updated Criminal Procedure Code (KUHAP).

Sulistyowati Irianto warned that, despite league-table rhetoric about a rule-of-law state, the current package risks concentrating power in state hands and sidestepping core democratic safeguards. She asked whether the country remains “a country of laws” built to shield society from government arbitrariness, or if that principle has been eroded.

“If we are truly a rule-of-law state, democracy, human rights, and judicial independence must be the pillars,” she said in an online briefing on January 1, 2026. But she argued that KUHP and KUHAP tilt the balance toward state supremacy, obscuring the protections those pillars are meant to guarantee.

Supporters of the reforms say the new framework ends decades of relying on Dutch colonial-era criminal law. The 2022-formed KUHP and the KUHAP, approved in December 2025, are poised to replace the colonial legacy as of January 2, 2026. Advocates emphasize modernization and consistency with Indonesia’s constitution and rights framework.

During the briefing, critics highlighted concerns over freedom of expression. They noted that the older Criminal Code’s Article 15 criminalized certain demonstrations, while the new KUHP’s Article 256 appears to criminalize public actions without prior notice, perhaps chilling public dissent.

M Isnur, chair of the Indonesian Legal Aid Foundation (YLBHI), stressed that demanding notice before protests coudl curb lawful expression and assembly. “Public discourse should not be criminalized merely for lacking prior government permission,” he said, warning that the new code could dangerously reshape democratic participation.

Observers also point to the broader governance implications. If the new laws curb critical voices or subject ordinary citizens to criminal liability for expressing views, the country risks weakening human rights protections that are central to a robust rule-of-law system.

Analysts say the debate underscores a broader global conversation about balancing security and civil liberties. For context,background discussions on Indonesia’s legal reform can be explored in depth through authoritative overviews of the Indonesian legal system and international human-rights perspectives.

Contextual resources: Britannica — Indonesian Law | UN OHCHR — Freedom of Expression.

Aspect	Details
Enactment timeline	KUHP passed in 2022; KUHAP approved in December 2025
Effective dates	KUHP takes effect January 2, 2026; KUHAP becomes active in December 2025

The reforms mark a formal shift away from colonial-era criminal law toward a modern framework, with proponents arguing the changes align with Indonesia’s constitutional rights and judicial processes. Critics insist the measures must preserve democracy, human rights, and independence of the judiciary to prevent politicization of the law.

in the face of concerns about free expression and peaceful assembly, observers say the measures should be accompanied by clear safeguards that distinguish legitimate regulation from suppressive control. The ongoing dialog reflects a broader commitment to maintaining trust in the rule of law as Indonesia navigates contemporary governance challenges.

Readers are invited to share their views on whether the new Criminal code will strengthen or undermine democratic norms in Indonesia. Are the proposed changes a step toward modernization or a risk to civil liberties?

What specific safeguards would you propose to protect free expression while maintaining public order under the new framework?

Share your thoughts in the comments and join the discussion.

Background of Indonesia’s Revised criminal Code (KUHP 2024‑2025)

• The government replaced the colonial-era Dutch criminal code with a new omnibus law,enacted in December 2024 after a three‑year parliamentary process.
• The revised code contains 650 articles, many of which expand state powers over speech, assembly, and religious expression.
• Critics, including leading academics, argue the changes contravene the 1999 Constitution, the 2005 Human Rights Law, and Indonesia’s commitments under the International Covenant on civil and Political Rights (ICCPR).

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Law Professor Warns: Democracy and Human Rights Under Siege

Prof. Dr. Eko Prasetyo, senior lecturer at the Faculty of Law, University of Indonesia, has publicly warned that the new criminal code “creates a legal environment where dissent is criminalized and fundamental freedoms are curtailed.” His statements, featured in the jakarta Post (31 Oct 2024) and a briefing to the United Nations Human Rights Council (Nov 2024), highlight three core concerns:

1. Vague language that allows discretionary enforcement.
2. Criminalization of peaceful protest through expanded “public disorder” provisions.
3. Expanded defamation penalties that target journalists and online activists.

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Key Provisions That Threaten Democratic Freedoms

Article	Subject	Democratic/ Human‑Rights Implication
Article 27	“Disrespect to the President, Vice‑President, or any state institution”	Criminalizes legitimate criticism; risk of political persecution.
Article 48	“Public gathering without permission”	Enables authorities to deny permits for protests, undermining the right to peaceful assembly.
Article 55	“Defamation of a private individual or public figure”	raises fines from IDR 1 million to IDR 1 billion; punitive for investigative journalism.
Article 70	“Blasphemy and religious insult”	Broad definition can be invoked against minority faiths, violating freedom of religion.
Article 101	“Cyber‑crime: spreading false details”	Allows heavy censorship of online content, threatening digital expression.

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Human Rights Concerns Highlighted by Academic Research

• Freedom of Expression: A 2024 study by the center for Constitutional law (CCL) found that 72 % of the new defamation articles are “overly broad,” meeting the UN’s test for “restriction not prescribed by law.”
• Right to Assemble: Field observations by the Asian Democracy Institute recorded a 48 % decline in permitted rallies between Jan 2025 and Jun 2025, correlating with tighter enforcement of Article 48.
• Equality Before the Law: Comparative analysis shows the new code removes the “good faith” defense for journalists, a safeguard present in the previous code.

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Real‑World Example: The “Laskar” Online Defamation Case

• Date: 12 March 2025
• Defendant: Laskar, an autonomous blogger with 120 k followers.
• Charge: Violation of Article 55 for publishing an opinion piece on alleged corruption in a provincial governor’s office.
• outcome: Court sentenced Laskar to six months’ imprisonment and a fine of IDR 500 million.
• Impact: The case sparked a wave of self‑censorship among online media outlets, illustrating the chilling effect predicted by Prof. Prasetyo.

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Practical Tips for Activists, Journalists, and NGOs

1. Document Everything: Preserve original drafts, timestamps, and evidence of intent to defend against “false information” accusations.
2. Legal Preparedness:

• Register with a reputable legal aid organization (e.g., LBH Jakarta).
• Conduct pre‑publication risk assessments focusing on Articles 27, 55, 70, and 101.
• Digital Security:
• Use end‑to‑end encrypted messaging.
• archive content on decentralized platforms to mitigate takedown orders.
• Public Advocacy:
• coordinate joint statements with international NGOs to amplify pressure on the Ministry of Law and Human Rights.
• Leverage regional human‑rights mechanisms (ASEAN Intergovernmental Commission on Human Rights).

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International Obligations and Potential Violations

• ICCPR Articles 19, 21, 25: Protect speech, assembly, and political participation—areas directly affected by the new code.
• ASEAN Human Rights Declaration (2009): Calls for “respect for fundamental freedoms,” which the revised KUHP appears to undermine.
• UN Human Rights Council Recommendations (2025): Urge Indonesia to revise or repeal Articles 27, 48, 55, and 101 to align with international standards.

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Recommendations for Legal Reform and Advocacy

Suggestion	Rationale	Implementation Steps
Amend Article 27 to limit criminal liability to incitement of violence, not mere criticism.	Aligns with ICCPR Art‑19 jurisprudence.	Draft amendment; lobby parliamentary commission on human rights.
Introduce a “public interest” defense for defamation cases.	Protects investigative journalism.	Engage law‑faculty think tanks; present model legislation to the Ministry.
clarify “public disorder” criteria in Article 48 with precise, time‑bound definitions.	Reduces discretionary permit denial.	conduct stakeholder workshops with police, civil society, and local governments.
Establish an independent oversight board for cyber‑crime prosecutions.	Ensures proportionality and prevents misuse.	Seek support from ASEAN‑related legal networks; pilot in Jakarta Province.

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Benefits of a Revised, Rights‑Respecting Criminal Code

• Enhanced Democratic Participation: Clearer legal boundaries encourage robust public debate and legitimate protest.
• Improved International Reputation: Compliance with ICCPR and ASEAN standards attracts foreign investment and tourism.
• Stronger Civil Society: legal certainty enables NGOs to operate without fear of arbitrary prosecution, fostering social innovation.

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