National Criminal Code and Code of Criminal Procedure Arrive, Shifting Law Enforcement Paradigm from Punishment to Restorative Justice
The implementation of the National Criminal Code (KUHP) and the new Code of Criminal Procedure (KUHAP) is seen as an important milestone in strengthening the national legal system whilst promoting more modern, humane and justice-oriented law enforcement.
The enactment of Law Number 1 of 2023 on the National Criminal Code and Law Number 20 of 2025 on the new KUHAP does not merely signal a renewal of criminal regulation, but also reflects Indonesia’s independence in building a legal system suited to the needs of society and the development of national life.
Mohamad Ali Nurdin, Chairman of the Bandung branch (DPC) of the Indonesian Advocates Association (Peradi), said the two regulations bring fundamental changes to the law enforcement paradigm in Indonesia.
“The promulgation of the new KUHP and KUHAP has given rise to a shift in the legal paradigm, from one that tended to carry a flavour of revenge to restorative justice,” Ali said on Tuesday (15/9/2026).
According to him, this paradigm shift is an essential part of building a criminal justice system that is not solely oriented towards punishment, but also considers victim recovery, the interests of society, and the rehabilitation of offenders.
The new regulations also provide alternative sentencing options, particularly for minor offences, in the form of community service and supervision. In addition, there is room for mediation for certain criminal offences, meaning that case resolution does not always have to end in a conventional sentencing process.
Ali believes these changes can serve as an important instrument for creating a more proportional justice system whilst reducing punitive approaches focused solely on imprisonment. At the same time, the new KUHP and KUHAP are considered to strengthen the protection of human rights in the law enforcement process. This strengthening is reflected, among other things, in the fulfilment of victims’ restitution rights, protection of suspects based on the principle of due process of law, and stricter oversight mechanisms.
“Moreover, this new regulation also strengthens human rights, including fulfilling victims’ restitution rights, providing protection for suspects (due process of law), and strict oversight,” he said.
He continued that the renewal of national criminal law also carries strategic significance because it ends dependence on the colonial criminal justice system that has until now been part of Indonesia’s legal system. The replacement of colonial-era criminal provisions through the National Criminal Code is expected to provide legal certainty whilst strengthening the orientation towards substantive justice.
For the legal profession, these changes also open up greater scope to provide optimal legal assistance. The new KUHAP provides a number of enhancements to the position of advocates in assisting members of the public facing legal proceedings.
Ali noted eleven important advocates’ rights that further strengthen the assistance function, ranging from the right to provide assistance from the outset of legal proceedings, free communication with clients, routine visits, access to examination case files (BAP), the provision of legal advice, to the active filing of objections.
In addition, advocates also gain stronger provisions for protecting clients from intimidation, presenting experts, obtaining access to examination recordings, expanding pre-trial mechanisms, and involvement in strengthening the application of restorative justice. “With all these privileges, the legal assistance provided by advocates will certainly be even more effective,” he said.
According to Ali, strengthening the role of advocates is important because changes to the criminal justice system must be accompanied by a shared understanding among all parties involved in the judicial process. Without adequate understanding, regulatory changes risk not being implemented optimally.
Therefore, he said, socialisation of the new KUHP and KUHAP needs to be carried out massively and continuously. Education should not only be directed at law enforcement officials, advocates and academics, but also at the public as the parties who will deal directly with the legal system.
In this regard, Peradi Bandung, together with the Peradi National Leadership Council (DPN), is actively carrying out socialisation of the new KUHP and KUHAP involving academics, law enforcement officials and the public.
“Through massive socialisation, the implementation of the new KUHP and KUHAP can certainly be more effective, both among law enforcement officials and the general public. The presence of the National KUHP and KUHAP is our shared dream and pride,” Ali concluded.