Confinement Crimes Removed, Government Revises National Criminal Rules

Deputy Minister of Law Eddy Hiariej at the Parliament Complex, Senayan, Jakarta, Monday, November 24, 2025 (Nailin / VOI).

The government through the Ministry of Law submitted a list of problem inventory (DIM) of the Draft Law on Criminal Adjustments which is included in the list of the 2025-2029 national legislation program (Prolegnas). In this case, President Prabowo Subianto assigned Minister of Law Supratman Andi Agtas to represent the president in the discussion of the bill on criminal adjustments with the DPR.

This DIM was handed over by Deputy Minister of Law Eddy Hiariej to Commission III of the DPR at the Parliament Complex, Senayan, Jakarta, Monday, November 24.

"Please allow us to convey the president's explanation of the bill on criminal adjustments to the bill on elements that are not prepared in the context of adjusting criminal provisions in laws outside the Criminal Code of regional regulations and criminal acts in the Criminal Code so that it is in line with the new criminal system," said Hiariej.

Hiariej said, this adjustment is part of the state's commitment to ensure that all national criminal provisions run in a consistent and modern unified legal system. The formation of a draft law on criminal adjustments is based on several considerations.

First, rapid changes to society and the need for harmonization of the criminal system require the government to reorganize criminal provisions in sectoral laws and regional regulations in accordance with the principles of structure and philosophical punishment in the Criminal Code.

"Two, imprisonment as the main punishment has been abolished in the new Criminal Code. So that all imprisonment provisions spread across various laws and regional regulations must be converted and adjusted," he said.

Hiariej continued, there are a number of provisions in the Criminal Code law that still require improvement, both due to writing format errors, further explanation needs, and discrepancies with new formulation patterns that abolish special minima and cumulative crimes.

"This adjustment is urgent to be carried out before the enactment of the Criminal Code Law on January 2, 2026 because it avoids legal uncertainty," he said.

Thus, said the Deputy Minister of Law and Human Rights, the formation of a bill on criminal adjustments is a strategic step to strengthen the national criminal law system as a whole, ensuring that the implementation of the national coaching system runs effectively proportional and in accordance with community development.

"In general, this bill contains 3 chapters. Chapter 1 criminal adjustments in laws outside the Criminal Code. This section includes, among others,: the elimination of imprisonment as the main punishment, adjusting the criminal category of fines by referring to the 1st book of the Criminal Code, resolving the threat of imprisonment to maintain personality and eliminate disparities, rearranging additional penalties in order to comply with the sanction system in the Criminal Code, adjustments are made to provide one nationally consistent criminalization standard," he explained.

Then Chapter 2, criminal adjustments in regional regulations with regulated materials are criminal restrictions on fines that can be regulated in the 3rd category of regional regulations according to the Criminal Code system, the elimination of imprisonment in all regional regulations, the affirmation that regional regulations can only contain criminal provisions for certain administrative and local-scale norms.

"This provision maintains the proportionality of punishment, and prevents overregulation," said Hiariej.

Chapter 3, namely adjustments and improvements to the Criminal Code. Hiariej said adjustments to the Criminal Code Law were made to articles that required editorial and technical improvements in writing, affirmation of the scope of norms, and harmonization of criminal threats so that they no longer contained special minima or cumulative formulations that were not in accordance with the new system.

"This change is needed to ensure that the determination of the Criminal Code takes place effectively and does not cause multiple interpretations," he said.

Hiariej hopes that this criminal adjustment bill can be immediately discussed and obtain mutual approval from the government and the DPR in accordance with the provisions of the legislation.