Supreme Court: New Criminal Code and Criminal Procedure Code Must Continue to Be Socialised to the Public

Officials from the Supreme Court (MA) of Indonesia view that the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) must continue to be socialised to the public. “In addition to socialisation to law enforcement apparatus, the new KUHP and KUHAP must also continue to be socialised to the public,” said Chair of the Criminal Chamber of the MA, Prim Haryadi, in Padang on Sunday. He stated that many aspects of the latest criminal law must be known by the public since the new KUHP and KUHAP come into effect at the beginning of 2026. In particular, regarding the paradigm shift from the old law to the new one, where punishment now becomes a choice or last resort in legal efforts. As much as possible, the punishment applied is supervision, fines, or social work to perpetrators of minor criminal acts, not imprisonment. “Judicial Pardon gives authority to judges not to impose punishment on a defendant even though proven guilty, by considering various matters,” he explained. Some considerations are the lightness of the act, the personal circumstances of the perpetrator, or the circumstances at the time the criminal act occurred, the existence of reconciliation, compensation to the victim, and other conditions according to regulations. This concept is expected to realise substantive and restorative justice, which can shift the focus of punishment from retributive (retaliation) to restorative (recovery), especially for minor cases. “This has been socialised to law enforcement apparatus; socialisation must also continue to be carried out to the public so that understanding is obtained,” he said. He explained that specifically for internal purposes within the MA, the institution has conducted several trainings for judges since the beginning. Both those of a centralised nature at the centre by the Directorate General of Badilum MA, as well as by the MA’s Policy Strategy Agency and Legal and Judicial Education and Training Body. “The leadership or Supreme Court Justices in the criminal chamber currently also have the opportunity to carry out socialisation or Technical Guidance to High Courts in regions across Indonesia,” he clarified.