Success of New Criminal Code and Criminal Procedure Code Depends on Public Adaptation

The success of implementing the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) depends not only on the quality of the regulations but also on the ability of the public and law enforcement officials to adapt to the new legal paradigm, according to a senior government official.

Coordinating Deputy Minister for Law, Human Rights, Immigration, and Corrections Otto Hasibuan stated that understanding the shift in the criminal law paradigm is key to preventing misunderstandings in the application and acceptance of the KUHP and KUHAP within society.

He argued that socialisation efforts must go beyond merely explaining the articles of the KUHP. The philosophy underpinning the national criminal law reform must also be communicated to the public.

“If the KUHP is only taught article by article, but the underlying paradigm is not conveyed to the public, I am concerned that people will not understand and will end up misunderstanding the KUHP,” he said in Bandarlampung, Lampung, on Thursday.

He explained that the national KUHP brings a fundamental change by abandoning a retributive approach in favour of a criminal justice system that emphasises corrective, rehabilitative, and restorative aspects.

Consequently, the government has a responsibility to provide broad education to the public regarding the direction of the national criminal law reform so that the changes can be fully understood. Otto cautioned that without a shift in public mindset, the implementation of the new KUHP is feared to not proceed as intended.