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

Attorney General ST Burhanuddin has acknowledged that the implementation of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP), which came into effect this year, still faces a number of obstacles. One of the main constraints identified by the Attorney General’s Office is the unavailability of several implementing regulations needed to execute the provisions within both legal frameworks. According to him, internal evaluation results show that several aspects of the new KUHAP cannot yet operate optimally because they require further regulation from the government. “The evaluation by the Junior Attorney General for General Crimes (Jampidum) indicates that the implementation of the new KUHAP remains constrained because a number of provisions, such as restorative justice mechanisms and integrated IT-based criminal justice systems, 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 as field implementation manuals. Concurrently, his institution continues to push for the acceleration of derivative regulation issuance so that the implementation of the KUHP and KUHAP can run more effectively. Beyond regulatory issues, Burhanuddin highlighted the persistent differences in interpretation among law enforcement officers regarding several new provisions, including the application of alternative punishments and efforts to achieve uniformity of legal practice across Indonesia. According to Burhanuddin, this situation needs to be promptly harmonised to avoid creating legal uncertainty in rule enforcement. “The enactment of the KUHP as the axis of criminal law demands regulatory harmonisation, inter-agency synergy, as well as strengthening prosecutors’ capacity technically and in legal culture so that authority is exercised professionally, accountably, justly, and substantively,” he said. Nevertheless, Burhanuddin stressed that the various challenges emerging in the first six months of implementing the new KUHP and KUHAP should not be viewed as a failure. On the contrary, they are part of the adaptation process to a major transformation in the national criminal justice system. “Because every meaningful transformation always begins with acknowledging problems, followed by continuous improvement efforts,” Burhanuddin said. He further expressed hope that all stakeholders in the law enforcement sector would strengthen coordination and cooperation so that the objectives of national criminal law reform can be achieved optimally.