Deputy Minister of Law and Human Rights: Administrative sanctions should be prioritised over criminal penalties

Semarang (ANTARA) - Deputy Minister of Law and Human Rights (Wamenkum) Edward Omar Sharif Hiariej said that enforcement of laws with administrative sanctions should take precedence over the imposition of criminal penalties.

Speaking at a legal seminar held by the Central Java Police (Polda Jawa Tengah) in Semarang on Friday, he said the stance reflected the application of the principle ‘ultimum remedium’, the doctrine that punishment is a last resort in law enforcement.

‘If a statute provides both criminal and administrative sanctions, the administrative sanction must take precedence,’ he said.

He added that the new KUHP brings a paradigm shift in the sentencing system by emphasising corrective justice and restorative justice.

That paradigm shift also affects the KUHAP, which shifts the approach from a ‘crime control model’ to a ‘due process model’, stressing protection of human rights in the criminal justice process.

Law enforcement officers, he continued, have an important role in ensuring the legal process runs smoothly, including safeguarding the rights of suspects, defendants, victims, people with disabilities, children, and vulnerable groups.

Wamenkum also explained the importance of reading the new KUHP alongside Law No. 1 of 2026 on Penalty Adjustment because there are several important changes.

‘The Penalty Adjustment Law contains 55 items of change to the national KUHP,’ he said.