Indonesia’s new Criminal Code (KUHP, Law No. 1 of 2023)

Replace the criminal code inherited from the Dutch East Indies colonial government with a national criminal law based on Pancasila and the 1945 Constitution, respecting human rights and balancing public and individual interests, and the protection of offenders and of victims. The general elucidation lists four missions: « decolonisation » through recodification, « democratisation », « consolidation » of criminal law scattered across many laws, and « adaptation and harmonisation » with legal developments and international standards.[2]

According to the preamble and the general elucidation of Law No. 1 of 2023

• Repeal of the former criminal code applied under Law No. 1 of 1946 (the colonial Wetboek van Strafrecht), from the code’s entry into force (article 622).[2]
• Main penalties, from the heaviest: imprisonment, custodial detention (tutupan), supervision, fine and community service (article 65); the death penalty is a special penalty, always provided as an alternative (articles 67 and 98). Fixed-term imprisonment: at most 15 consecutive years unless otherwise provided (article 68).[2]
• Prison « as far as possible » not imposed in listed circumstances (a child or a defendant over 75, a first offence, compensation paid to the victim…), except notably for offences punishable by 5 years or more or carrying a special minimum (article 70). Community service possible for offences punishable by less than 5 years when the judge would impose at most 6 months in prison or a category II fine (article 85).[2]
• Death penalty with a 10-year probation: as amended in 2026, the judge imposes it with a 10-year probation during which it cannot be carried out; if the convict shows commendable conduct, it is commuted to life imprisonment by presidential decree after the Supreme Court’s opinion; if clemency is rejected and the sentence is not carried out within 10 years, it becomes life imprisonment by operation of law (articles 99 to 101).[2][6]
• « Living law » in society: the code does not exclude customary law under which a person deserves punishment for an act the code does not cover, where that law lives and insofar as it accords with Pancasila, the Constitution and human rights; the procedure and criteria are left to a government regulation (article 2). Fulfilling a local customary obligation may be imposed as an additional penalty (article 66).[2]
• Offences that drew petitions: publicly attacking the honour or dignity of the President or Vice President, up to 3 years (article 218, not an offence when done in the public interest or in self-defence; complaint required, article 220); publicly insulting the government or a state institution, up to 1 year 6 months on a written complaint by its head (article 240, annulled in August 2026 together with article 241); adultery, up to 1 year (article 411), and cohabitation outside marriage, up to 6 months (article 412), prosecuted only on a complaint by the spouse, or by a parent or child of an unmarried person.[2][7][9]
• Law No. 1 of 2026 on the adjustment of criminal penalties: special minimum penalties in other laws are removed, except for gross human rights violations, terrorism, corruption and money laundering; sole penalties of light detention (kurungan) become fines; prison terms above 15 years without a life or death alternative are capped at 15 years.[6]
• New Criminal Procedure Code (Law No. 20 of 2025): a restorative justice mechanism (forgiveness, restitution, compensation of the victim, recorded in an agreement to be carried out within 7 days, article 79) and video recording of the questioning of suspects (article 30).[4]