Jakarta (ANTARA) - Professor Andi Muhamad Asrun, an academic from\nPakuan University in Bogor, West Java, has urged the government to\npromptly issue the implementing regulations for the National Criminal\nCode (KUHP) and Criminal Procedure Code (KUHAP), which officially came\ninto force in January 2026.<\/p>\n
According to the Professor of Constitutional Law at the university\u2019s\nGraduate School, the failure to issue these implementing regulations\nwill create obstacles in their implementation.<\/p>\n
\u201cIn my view, the government must promptly issue the government\nregulations required by several articles of the KUHAP and KUHP. Without\nthem, this becomes an obstacle to several aspects of legal\nimplementation,\u201d Asrun said when contacted in Jakarta on Friday.<\/p>\n
He described the KUHP and National KUHAP as excellent works produced\nby the Indonesian House of Representatives (DPR RI) through its\nCommission III.<\/p>\n
Implementation of the KUHP and National KUHAP, he continued, is no\nlonger the DPR\u2019s responsibility but that of the relevant ministries,\nworking in cooperation with the State Secretary or Cabinet\nSecretary.<\/p>\n
\u201cSo this excellent work must not be marred by these technical issues.\nThese government regulations are the government\u2019s responsibility,\u201d he\nsaid.<\/p>\n
Asrun said the implementing regulations must be expedited because the\nKUHAP and KUHP require considerable guidance, such as clarification that\nacquittals can be appealed through cassation.<\/p>\n
\u201cThis must be further clarified as part of procedural law. And that\nis the government\u2019s task,\u201d said Asrun, who is also a member of the\nJudicial Commission\u2019s Judge Recruitment Division.<\/p>\n
Separately, Asrun noted that the existence of a national KUHAP\nprovides the formal historical foundation for the enforcement of the\nnational KUHP.<\/p>\n
The KUHP and KUHAP represent a major achievement of Commission III of\nthe DPR RI, which will become a legacy for the administration of\nPresident Prabowo Subianto and Vice President Gibran Rakabuming\nRaka.<\/p>\n
The absence of government regulations related to the National KUHP\nand KUHAP was also highlighted by Commission XIII member Agun Gunandjar\nSudarta during a working meeting on the Ministry of Law\u2019s 2026 state\nbudget audit report at Senayan on Wednesday (15 July).<\/p>\n
Agun questioned why the budget absorption for the KUHP draft\ngovernment regulation (RPP) in the Ministry of Law\u2019s 2025 expenditure\nbudget had reached 100 per cent, yet the RPP had still not been issued\nthree years after the National KUHP was passed.<\/p>\n
The RPP concerns the Living Law under Government Regulation (PP)\nNumber 55 of 2025, while the RPPs on penal commutation, as well as\npenalties and sanctions, remain under discussion.<\/p>\n
\u201cOf the three government regulations, one has been issued, namely the\none on the Living Law under PP Number 5 of 2025,\u201d Eddy said.<\/p>\n
He said his office is currently deliberating the PP on the Criminal\nProcedure Code (KUHAP), which contains 253 articles with 25 delegations.\nOne of the articles regulated in detail concerns seizure of assets.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/government-urged-to-issue-implementing-regulations-for-new-criminal-code-1784296434", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }