Expert on the law of Brawijaya University (UB), Aan Eko Widiarto, assessed that the new Criminal Code (KUHP) which came into force on January 2, 2026 still leaves room for potential multi-interpretations and rubber articles.
"When the articles do not create much legal certainty, but the law enforcement officers are professional, have no personal, group, or political interests, then the law will remain upright," he said, Sunday, January 4.
He said that the judicial institution would have a key function as a balancer in the implementation of the new Criminal Code. For example, the Supreme Court (MA) has the authority to straighten out the implementation of derivative rules that have the potential to conflict with laws.
In addition to the Constitutional Court (MK), the Constitutional Court (MK) is also considered strategic in maintaining the constitutionality of criminal norms that have the potential to be multi-interpreted. "The function of interpreting the basic law by the Constitutional Court can be used to straighten out the rubber articles in the Criminal Code, so that the interpretation is constitutional," continued Aan.
According to him, there are articles that have the potential to be multi-interpretable and problematic, namely Article 218 about insulting the president and vice president, Article 240 about insulting state institutions, Article 411 and Article 412 about adultery and cohabitation, Article 256 about holding parades, rallies and demonstrations, Articles 300, 301, 302 about criminal offenses against religion and belief.
Therefore, he hopes that the synergy between the professionalism of the APH and the role of the Constitutional Court can ensure that the new Criminal Code is implemented fairly and does not deviate from constitutional principles.
Because the implementation of the new Criminal Code carries significant legal consequences.
One of them is the repeal of a number of criminal provisions that have been regulated in various laws outside the Criminal Code.
As is known, a number of residents have officially submitted a material test to the Constitutional Court against various articles in Law Number 1 of 2023 concerning the Criminal Code (KUHP) which began on January 2.
Launching the MK's official website, at least six new requests for testing the Criminal Code have been registered since December 29, 2025.
The first lawsuit was filed by Rahmat Najmu, Nissa Sharfina Nayla, Wahyu Eka Jayanti, et al., and was registered with case number 274/PUU-XXIII/2025.
The applicants sued Article 302 paragraph (1) of the Criminal Code regarding incitement to not have a religion. The next lawsuit was registered with number 275/PUU-XXIII/2025, filed by Afifah Nabila Fitri, Dimas Fathan Yuda Armansyah, Farhan Dwi Saputra et al who sued Article 218 of the Criminal Code regarding attacking the honor of the president and vice president.
The third lawsuit was filed by Susi Lestari, Vendy Setiawan, Kristin Karlina et al. They sued the complaint provision in Article 284 paragraph (2) of the Criminal Code concerning adultery through case number 280/PUU-XXIII/2025.
The fourth lawsuit was recorded with number 281/PUU-XXIII/2025, filed by Vendy Setiawan, Novita Ayu Fitriani, Sofia Arfind Putri et al., who sued Article 100 of the Criminal Code regarding the death penalty.
The fifth lawsuit was filed by Tania Iskandar, Sila Fide Novira Nggebu, Muhammad Restu et al regarding articles 240 and 241 on insulting the government or state institutions through case number 282/PUU-XXIII/2025.
The sixth lawsuit registered with number 283/PUU-XXIII/2025 was filed by Ershad Bangkit Yuslivar who sued Articles 603 and 604 of the Criminal Code concerning the Eradication of Corruption.
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