Wamenkum Eddy Hiariej: In the New Criminal Code, Prison Sentences Can Be Replaced by Social Work

Deputy Minister of Law Prof. Edward Omar Sharif Hiariej and Eddy Wijaya. (doc. EdShareOn)

JAKARTA - Deputy Minister of Law Prof. Edward Omar Sharif Hiariej assessed that the criminal law in the new Criminal Code is more humane.

"The new Criminal Code has a vision of social reintegration, in the sense that the perpetrators of criminal acts must be corrected. The correction is sentenced to a criminal or action, but does not have to be imprisoned," he said, who is usually called Prof. Eddy Hiariej when talking to Eddy Wijaya in the EdShareOn podcast which aired on Wednesday, January 28, 2026.

According to Prof. Eddy, there are alternative modifications of the criminal code. For example, surveillance and social work. This more modern paradigm no longer uses criminal law as a means of revenge.

However, it is more oriented towards corrective justice, restorative justice to restore victims, and rehabilitative justice. "So he (criminal law) 'repairs' both the perpetrator and the victim," said the Professor of Criminal Law at Gadjah Mada University.

The government officially enacted the new Criminal Code and Code of Criminal Procedure (KUHAP) on January 2, 2026. The implementation of the two marks the end of the colonial criminal law era that has been in force in Indonesia for more than a century.

The new Criminal Code and Criminal Procedure Code are also referred to as a new phase of law enforcement that is rooted in Indonesian culture and Pancasila values, as well as more modern and humane.

In the new Criminal Code, for example, there is a type of social work crime that was not previously regulated. Article 85 paragraph 1 of Law 1/2023 states that social work crime can be an alternative to a threat of imprisonment of less than 5 years which is then decided by the judge to be a 6-month prison sentence.

Prof. Eddy explained, the new Criminal Code states that judges are obliged to apply a lighter sentence, and if there is a conflict of legal certainty and justice, judges are obliged to follow justice.

"If the criminal offense is no more than 5 years, then based on certain conditions the judge imposes a supervision sentence. Meanwhile, if the threat of the sentence is no more than 3 years, with certain conditions the judge imposes a social work sentence," he said. Among the conditions are, for example, the defendant's confession of the crime committed, the defendant's social history, and the defendant's ability to pay the fine.

Regarding the opinion that considers social labor sentences does not make convicts shy away from their mistakes, Prof. Eddy said that it is not always a deterrent effect that is born from a cruel sentence. "Not always a deterrent effect must be with a sentence of imprisonment. With a social labor sentence, he (the convict) is still being trained not to repeat his actions and can return to society," he explained. This means, according to Prof. Eddy, this new criminal law gives a second chance for perpetrators of crimes to repent. However, this rule does not apply to repeat offenders.

As for the supervision penalty, Prof. Eddy explained that this type of sanction already existed in the old Criminal Code, with the term of probation. For this type of punishment, the perpetrator must not repeat his actions, and must report to the authorities twice a week.

"The important thing is that at the appointed time he must report. The rest, whether he wants to go abroad, or where, is up to him," he said.

Restorative Justice Must Have Victim's ConsentDeputy Minister of Law Prof. Edward Omar Sharif Hiariej. (doc. EdShareOn)

Since January 2, 2026, Indonesia has used the new Criminal Code with a number of fundamental changes. The new Criminal Code is said to have the spirit of updating criminal law that is more oriented towards protecting human rights and a restorative justice approach (restorative justice).

The Criminal Code will not focus on imprisonment and fines, but also on the restoration of social relations between perpetrators, victims, and society.

Deputy Minister of Law Prof. Eddy Hiariej said that the restorative justice approach could be applied with a number of conditions. Namely, the threat of imprisonment is not more than five years, there must be victim consent, and not a reoffender. "If the victim does not agree, then it cannot be. The process (criminal sentence) continues," he told Eddy Wijaya in the EdShareOn podcast which aired on Wednesday, January 28, 2026.

The provision on this matter has been discussed in the public space. Some consider this rule to be a loophole for extortion at the investigation stage, or when the existence of a criminal act has not been confirmed. The restorative justice mechanism is also considered risky because at the investigation stage there is no judicial scrutiny or judicial oversight mechanism.

The conditions for the application of restorative justice were also criticized for opening up space for certain criminal acts that should not be negotiated.

Regarding this, Prof. Eddy ensured that the new Criminal Code stipulates that restorative justice can only apply after it has been approved by the victim and strengthened by the court's decision.

"That's why the process will be closed by the court's decision. So that there is legal certainty for the perpetrators, and on the other hand there is justice for the victims. So that the case is really stopped to prevent it from becoming an object of extortion," he said.

Who is Eddy Wijaya, this is his profile

Eddy Wijaya is a podcaster born on August 17, 1972. Through the YouTube account @EdShareOn, Eddy interviewed many national figures ranging from state officials, legal experts, political experts, national politicians, to local celebrities. The man with a right cheek dimple is also a nationalist who is an activist for the marginalized and social observers by helping the community through the Wijaya Peduli Bangsa Foundation.

He is also active in the field of sports by serving as the Chairman of the Indonesian Equestrian Sports Association (Pordasi) Pacu and also served as Deputy General Chairman of the Indonesian Badminton Association (PBSI) East Jakarta.

Eddy also served as an Advisory Board of the Indonesian Chinese Social Association, 2022-2026 term of office. His ideas were formed because of his hard work to be independent from the age of 13 to be successful as he is now. For Eddy, the working world is not as smooth as imagined, failure and rejection are common. This is what makes him hold the tagline "Success is just a matter of time".