Indonesia’s new penal code takes effect, marking historic break with colonial law

Indonesia’s new 345-page penal code (KUHP) replaces the Dutch-era law, criminalizing sex outside marriage, insulting state leaders, and expanding blasphemy rules. It emphasizes restorative justice, non-custodial sentences, and probation for death row inmates, sparking mixed reactions on civil liberties

Jakarta: Indonesia on Friday began enforcing its newly ratified penal code, replacing a Dutch-era criminal law that had governed the country for more than 80 years and marking a major shift in its legal landscape.

Since proclaiming independence in 1945, the Southeast Asian country had continued to operate under a colonial framework widely criticised as outdated and misaligned with Indonesia’s social values. Efforts to revise the code stalled for decades as lawmakers debated how to balance human rights, religious norms and local traditions in the world’s most populous Muslim-majority nation.

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The 345-page Indonesian Penal Code, known as the KUHP, was passed in 2022. At the time, then-US State Department spokesperson Ned Price said the US was “closely monitoring the revised criminal code” of its democratic partner.

It criminalises sex outside marriage, applies to citizens and foreign visitors, and reintroduces penalties for insulting the president and state institutions. It comes into force following a three-year transition period.

Moving away from a colonial framework

A previously revised code was poised for passage in 2019, but then-President Joko Widodo urged lawmakers to delay a vote amid mounting public criticism that led to nationwide protests involving tens of thousands of people.

Opponents said it contained articles that discriminated against minorities and that the legislative process lacked transparency.

A parliamentary taskforce finalised the bill in November 2022 and lawmakers unanimously approved it a month later in what the government called a “historic step.” Deputy Law Minister Edward Hiariej has defended the reforms as a modernisation effort that shifts Indonesia’s criminal justice paradigm toward corrective, restorative and rehabilitative justice.

“The new criminal code prioritises repairing harm and social reintegration, rather than relying solely on punishment,” Hiariej said during a briefing on the new penal code on Thursday, adding that these principles reflect values long embedded in Indonesian society.

Alongside the KUHP, Indonesia is also preparing a new criminal procedural law, or KUHAP, aimed at addressing procedural inefficiencies and strengthening human rights protections. Together, the reforms represent a comprehensive overhaul of the justice system, Hiariej said.

Provisions under scrutiny

Under the amended code, sex outside marriage is punishable by up to one year in prison, while cohabitation carries a six-month sentence. However, adultery cases can only proceed following a complaint by a spouse, parents or children — a safeguard the government says prevents arbitrary enforcement, including against tourists.

Rights groups remain sceptical. Human Rights Watch warned the morality-based provisions could lead to invasions of privacy and selective enforcement.

The code also restores a ban on insulting a sitting president or vice president, state institutions and the national ideology. Cases must be reported by the president and carry penalties of up to three years in prison for “attacking the honour or dignity” of state leaders.

Hiariej said the government has issued strict guidelines distinguishing criticism from criminal insult, but rights advocates argue the provisions threaten freedom of expression.

Amnesty International Indonesia executive director Usman Hamid described the KUHP as “a significant blow” to civil liberties.

“This overreaching criminal code will entrench obstacles to freedom of speech while criminalising legitimate and peaceful dissent,” Hamid said, warning it could open the door to abuse of power.

The new code also expands an existing blasphemy law, maintaining prison sentences of up to five years for deviations from the core teachings of Indonesia’s six officially recognized religions. It preserves penalties of up to 10 years for associating with Marxist-Leninist organizations and four years for spreading communist ideology.

Mixed reactions

Some advocates welcomed lawmakers’ decision to drop a proposed article that would have criminalized gay sex, following opposition from civil society groups. The move was hailed as a rare positive outcome for Indonesia’s LGBTQ community.

The revised code retains the death penalty, despite calls from rights groups to abolish capital punishment. However, it introduces a 10-year probationary period, after which death sentences may be commuted to life imprisonment or 20 years if the convict demonstrates good behaviour.

It also maintains a ban on abortion while formalizing existing exceptions for life-threatening medical conditions and pregnancies resulting from rape, provided the fetus is less than 12 weeks old.

A shift in sentencing philosophy

Legal experts say the KUHP reflects a fundamental change in how punishment is applied. Hiariej noted that public opinion still often favors harsh penalties, a mindset he described as rooted in outdated notions of retribution.

“This is a legacy of the law of retaliation,” he said, contrasting it with modern systems that emphasize harm repair and reintegration.

The Institute for Criminal Justice Reform said the code expands non-custodial sentences, including community service and supervision, and gives judges greater discretion to tailor penalties.

ICJR executive director Erasmus Napitupulu said these measures could help ease prison overcrowding and better serve victims.

He also praised the probationary mechanism for death row inmates as “an initial step toward eventually abolishing the death penalty in Indonesia.” “This is a good mechanism and meaningful progress for criminal justice reform,” Napitupulu said.