New Criminal Code Begins to Apply, Minister of Law Emphasizes Restorative Justice

YOGYAKARTA - The Minister of Law (Menkum) Supratman Andi Agtas emphasized that Indonesia is now officially using the new Criminal Code (KUHP), which came into force on January 2, 2026. The new KUHP brings fundamental changes compared to the old KUHP that has been in force for decades.

Supratman conveyed that the new Criminal Code carries the spirit of updating the national criminal law which is more oriented towards the protection of human rights (HAM) as well as the approach of restorative justice. He conveyed this while in Yogyakarta, Tuesday, January 20.

According to him, the change of paradigm in the new Criminal Code is part of the transformation of criminal law to be more in line with the values of social justice and community development. The Criminal Code no longer focuses solely on imprisonment, but also on efforts to restore social relations between perpetrators, victims, and society.

"This must be a historical record for us. The process of transforming the implementation of our criminal law towards the protection of human rights, and the process towards restorative justice must be carried out openly and transparently," said Supratman.

He emphasized that the application of the principle of restorative justice requires openness in every law enforcement process. With this approach, it is hoped that justice will not only be felt by the state, but also by victims and the community at large.

Furthermore, Supratman explained that the new Criminal Code provides more room for the resolution of cases outside the formal judicial mechanism, especially for certain cases that allow for peace and recovery. This approach is expected to reduce the burden on the judicial institution while presenting more substantive justice.

In the new Criminal Code, the state also officially recognizes customary law as a source of law. This recognition allows customary law to be used in the settlement of certain cases in society, as long as it does not conflict with human rights principles and applicable laws and regulations.

The recognition of customary law is considered an important step in respecting the diversity of laws and cultures in Indonesia, as well as in line with the spirit of restorative justice which emphasizes the resolution of conflicts through consultation and local wisdom.

The government hopes that with the enactment of the new Criminal Code, law enforcement officials can prioritize a more humane and just approach in handling criminal cases. Comprehensive socialization and understanding for all stakeholders are considered the key to ensuring that the implementation of the new Criminal Code runs effectively and in accordance with the purpose of updating the national criminal law.