The Minister of Law and Human Rights said the new Criminal Code was drafted since 1963 to replace the Dutch colonial legacy.

JAKARTA - Minister of Law (Menkum) Supratman Andi Agtas said the government and the DPR RI had gone through a very long process in drafting the new Criminal Code (KUHP) to leave behind the Dutch colonial legacy.

The process began in 1963 so if it is calculated until the validity of the Criminal Code in January 2026, it will take 63 years.

"The process of drafting the Criminal Code has been very long. The process began in 1963. If calculated until 2026, it will take about 63 years to draft the national Criminal Code to replace the Dutch colonial-era Criminal Code," he said in Jakarta, Monday.

He explained that the previous colonial-era Criminal Code had been in force since 1918. Then, the drafting of the new RKUHP draft was completed in 2022 until it was finally enacted as a law on January 2, 2023.

According to the provisions, the newly enacted Criminal Code will take effect three years later or on January 2, 2026.

He agreed that there were criticisms and public scrutiny of the new Criminal Code which came into force at the beginning of this year.

However, the Minister of Law and Human Rights ensured that the government and the DPR had involved the public in discussing the RKUHP in accordance with the principle of meaningful participation.

Furthermore, specifically for the revision of the Criminal Procedure Code (KUHAP) which was just enacted in 2025, the government and the DPR RI also asked for input from various elements of society such as a coalition of civil society to law faculties at various universities.

"I think that there has never been in the history of public involvement as extensive, or what we call meaningful participation, as was done in the preparation and discussion of this KUHAP," he said.

He continued, "Almost all law faculties in Indonesia are involved and asked for their input, as well as civil society and the civil society coalition."

On that occasion, Supratman also discussed a number of controversial articles, one of which was related to insults against the President and Vice President.

He emphasized that the government and the DPR accommodated the decision of the Constitutional Court (MK) so as to limit insults against state institutions to only the President and Vice President, MPR, DPD, DPR, MA, and MK.

Now, insults against state institutions or the President and Vice President are a complaint offense, not a general offense. Complaints can only be made by the person or leader of the institution concerned.

According to him, the function of criminal law is basically to protect the state, society, and individuals. The President and Vice President are the personification of the state so that protection of their dignity and dignity is part of the protection of the state itself.

"This article also serves as social control or channeling, to prevent horizontal conflicts that can arise due to excessive insults," he said.