Implementation of New KUHP and KUHAP Laws

Significant Legal Reform After Nearly Three Decades

Indonesia has implemented its new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) on January 2, 2026, marking a major milestone in the country's legal system reform ¹

. This significant change comes after almost 29 years of deliberation and preparation. The new laws aim to modernize Indonesia's legal framework, bringing it more in line with contemporary legal standards and practices.

Concerns Over Incomplete Supporting Regulations

Despite the significant step forward, concerns have been raised regarding the readiness of supporting regulations. Habiburokhman, Chairman of DPR RI's Commission III, acknowledged that while the implementation of the new KUHP and KUHAP is a result of long-awaited reform, the lack of complete supporting regulations could pose challenges ¹

.

Implications for Public Demonstrations

One of the most controversial aspects of the new KUHP is the provision related to public demonstrations. According to Pasal 256 of the new KUHP, individuals organizing demonstrations without prior notification to the authorities could face criminal penalties, including up to six months of imprisonment ²

. M Isnur, Chairman of the Indonesian Legal Aid Foundation (YLBHI), highlighted this concern during a press conference held by the Civil Society Coalition on January 1, 2026 ²

Source 2

https://nasional.kontan.co.id/news/kuhp-baru-berlaku-demo-tanpa-pemberitahuan-terancam-pidana-enam-bulan

.

Analysis and Implications

The introduction of these new laws represents a double-edged sword. On one hand, it signifies a progressive step towards legal reform. On the other hand, the lack of complete supporting regulations and the potential restrictions on public demonstrations raise concerns about the practical implementation and the impact on civil liberties.