Otto: New Criminal Code and Criminal Procedure Code Shift Legal Paradigm

The core essence is a paradigm shift through the new Criminal Code, which will be accompanied by adjustments to the Criminal Procedure Code, differing from previous approaches, stated Otto Hasibuan.

The Deputy Coordinating Minister for Law, Human Rights, Immigration, and Correctional Services, Otto Hasibuan, noted that the new KUHP and KUHAP prioritise prevention, offender rehabilitation, and the restoration of victims’ rights.

“Essentially, there is a change in paradigm through the new KUHP, followed by adjustments to the KUHAP, which is different from before,” said Otto after serving as the keynote speaker on Indonesia’s criminal justice system at the University of Jambi on Thursday.

According to the Deputy Minister, the new KUHAP and KUHP contain three main principles that serve as the pillars for the transformation of the new criminal justice system in Indonesia.

He explained that the first principle emphasises prevention to ensure the public does not commit criminal acts through a corrective approach.

The third principle focuses on the restoration of victims’ rights through a restorative justice approach.

Otto cited the example that imprisonment for perpetrators of theft does not always provide immediate restitution to the victim. Therefore, the new legislation prioritises reconciliation and compensation so that the victim’s rights can be restored.

He assessed that the seminar serves as part of an educational effort to socialise this new legal paradigm to the public and law enforcement officials, including advocates.

“Our legal paradigm has changed. This is what we need to socialise to the community,” said Otto.