Attorney General Highlights Obstacles in New Criminal Code Implementation, Derivative Regulations Still Incomplete

Attorney General ST Burhanuddin has acknowledged that the implementation of the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), which came into effect this year, still faces several obstacles. One of the main challenges identified by the Attorney General’s Office is the unavailability of several implementing regulations required to execute the provisions within both sets of laws.

According to Burhanuddin, internal evaluations show that certain aspects of the new KUHAP cannot yet function optimally because they require further regulation from the government.

“Evaluations by the Junior Attorney General for General Crimes (Jampidum) indicate that the implementation of the new KUHAP is still hindered because several provisions, such as the restorative justice mechanism and the IT-based integrated criminal justice system, require further regulation through government regulations,” Burhanuddin stated in Jakarta on Wednesday (24/6).

He explained that the Attorney General’s Office has prepared various internal technical guidelines to serve as field implementation manuals. Meanwhile, the institution continues to push for the accelerated issuance of derivative regulations so that the implementation of the KUHP and KUHAP can proceed more effectively.

Beyond regulatory issues, Burhanuddin highlighted ongoing differences in interpretation among law enforcement officials regarding several new provisions, including the application of alternative sanctions and the effort to achieve uniformity in legal practice across Indonesia.

According to Burhanundin, these conditions must be aligned immediately to prevent legal uncertainty in law enforcement. “The enforcement of the KUHP as the axis of criminal law demands regulatory harmonisation, synergy between institutions, and the strengthening of prosecutors’ technical capacity and legal culture to ensure authority is exercised professionally, accountably, justly, and substantively,” he said.

Nevertheless, Burhanuddin emphasised that the various challenges arising in the first six months of the new KUHP and KUHAP implementation should not be viewed as failures. Instead, they are part of the adaptation process to a major transformation in the national criminal justice system.

“Because every meaningful transformation always begins with the recognition of problems, followed by continuous improvement efforts,” Burhanuddin added.

Furthermore, he expressed hope that all stakeholders in the law enforcement sector would strengthen coordination and cooperation to ensure the objectives of national criminal law reform are achieved optimally.