Supreme Court Issues Circulars Guiding Implementation of New Criminal Codes

Kendari (ANTARA) – The Supreme Court (MA) has issued a number of Supreme Court Circulars (SEMA) as technical guidance for judges at the judex facti level, to oversee the transition period and ensure legal certainty in implementing the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP).

Supreme Court Deputy Chief Justice for Non-Judicial Affairs Dwiarso Budi Santiarto said in Kendari on Tuesday that the circulars were a responsive measure to provide clear direction to lower courts, given the many new policies and legal provisions that differ significantly from the previous rules.

“Policies during this transition period require direction and regulation from the Supreme Court for judges at the judex facti level [the term for panels of judges in courts of first instance and appeal]. This is because many of the new rules differ greatly from our previous Criminal Code and Criminal Procedure Code,” Dwiarso said during a meeting with law-enforcement officials in Kendari, South-east Sulawesi.

Dwiarso said the guidance comprises Supreme Court Circulars Nos 1 to 4 of 2026 and Supreme Court Regulation No 3 of 2026. The rules cover several key areas, including guidance on implementing the Criminal Code, procedures for filing cassation appeals, the handling of pre-trial cases, and legal remedies against acquittals.

Under the transitional rules, the Supreme Court has set 2 January 2026 as the dividing line for the application of procedural law. Cases in which the suspect’s identity examination took place before that date will continue to use the former Criminal Procedure Code (Law No 8 of 1981).

“However, if the suspect’s identity examination is carried out on or after 2 January 2026, the new Criminal Procedure Code must be used,” he said.

He said one of the key points in the new circulars is confirmation that acquittals (vrijspraak) can no longer be appealed or taken to cassation. The rule is intended to end the practice of courts continuing to accept cassation applications against acquittals, which had arisen because of differing interpretations.

The Supreme Court has also revised the procedures for handling pre-trial applications to close legal loopholes that have often led to delays in the main case.

“If a pre-trial application is registered before the main case is referred to court, proceedings on the main case at the district court must be suspended until a pre-trial decision is issued. However, if the main case has already gone to trial, a subsequent pre-trial application will not halt the main proceedings,” he explained.

To ensure transparency and accurate calculation of the time limits for filing legal remedies, the Supreme Court has also required appellate courts to upload extracts of their decisions to the Case Tracking Information System (SIPP) on the same day the decisions are delivered.