Jakarta – The Vice Minister of Law Edward Omar Sharif Hiariej emphasized that Indonesia’s new Criminal Code (KUHP Nasional) cannot be implemented without an updated Criminal Procedure Code (KUHAP). He explained that several provisions in the new KUHP are not addressed under the current KUHAP.
“Without a new KUHAP, many provisions in the new KUHP simply can’t be enforced—such as rules on supervisory punishment, fines, corporate investigations and trials, and even court decisions involving judicial pardon. None of these exist in the old KUHAP,” the Vice Minister said during the National Seminar of the 2025 IKADIN National Working Meeting at The Sultan Hotel & Residence, Jakarta, on Monday (November 11, 2025).
Prof. Eddy explained that the government and Commission III of the House of Representatives (DPR) are currently discussing the new KUHAP, which they aim to approve in the November–December 2025 legislative session. Once approved, the updated KUHAP will allow the new KUHP to be put into effect.
“The government and Commission III aim to approve the new Criminal Procedure Code (KUHAP), so the National Criminal Code (KUHP) can be implemented once it comes into force on January 2, 2026.”
Eddy also highlighted that the new KUHP introduces a standard of sentencing—a set of sentencing guidelines that serve as a reference for judges when deciding penalties or corrective measures.
“For example, if a judge is imposing a penalty, the options may include fines and community service. All of these have clear parameters. Judges still have discretion, but their decisions must align with the sentencing guidelines,” he explained.
He added that the Criminal Adjustment Law (UU Penyesuaian Pidana), which is crucial for implementing the new KUHP, will also be reviewed during the November–December legislative session. The law is relatively short, consisting of only a few articles across three chapters.
“The first chapter aligns the new KUHP with laws outside the KUHP. The Criminal Adjustment Law also fixes typos, incorrect citations, and referencing errors in the new KUHP, such as cases where an article mistakenly refers to the wrong clause. All of this will be corrected through the adjustment law,” Eddy said.
He also noted that there are three implementing regulations under the new KUHP—issued in the form of government regulations—which have been submitted to the President. All three will take effect simultaneously on 2 January 2026.
“The three regulations address the application of living law in society, regulations on penalties and corrective measures, and regulations on sentence commutation,” Eddy concluded.
