Event Summary
On 2 January 2026, Indonesia officially enforced the new Criminal Code (KUHP) under Law No. 1 of 2023 and the new Criminal Procedure Code (KUHAP) under Law No. 20 of 2025. Intended to replace colonial-era laws, the laws have been passed with little opportunity for civil society participation and have generated serious concern due to provisions that threaten civic space, weaken the rule of law, and expand law enforcement powers with limited oversight.
Several articles in the new KUHP directly restrict freedom of expression. Articles 218–220 criminalize acts deemed to “attack the honor or dignity” of the president or vice president, carrying prison sentences of up to three years. Articles 240 and 241 further criminalize insults against the government and state institutions—including statements made online—with heavier penalties if such expression is considered to provoke public disorder. Given Indonesia’s history of criminalizing dissent, these broadly worded offenses risk being used to silence critics, activists, journalists, and ordinary citizens.
The KUHP also introduces provisions that undermine freedom of assembly and belief. Article 256 criminalizes public demonstrations conducted without prior police notification, removing previous criminalization of interference with demonstrations. Articles 300–305 expand blasphemy-related offenses to include hostility toward religion or encouragement not to adhere to religion, raising concerns over religious freedom. Additionally, Articles 190 and 192 criminalize expressions perceived as threatening the state ideology (Pancasila) or constituting treason, with penalties ranging up to life imprisonment or the death penalty.
The new KUHAP significantly expands police authority while weakening judicial oversight. Articles 112–140 allow arrests, extended detention, wiretapping, searches (including electronic data), confiscation, and platform blocking without a court order in “urgent” situations—a determination left entirely to law enforcement officers. Article 113 permits warrantless searches of electronic information, while Articles 1 and 140 allow online platforms to be blocked without judicial authorization. These provisions raise serious risks of arbitrary enforcement, surveillance, and censorship.
One of the most alarming changes is Article 16 of the KUHAP, which expands undercover operations and controlled delivery techniques—previously limited to narcotics cases—to all crimes. Civil society groups warn this could facilitate entrapment and the fabrication of cases. The KUHAP also fails to address long-standing problems of arbitrary detention. Instead of tightening judicial oversight, the Law appears to loosen it by allowing investigators to issue detention warrants themselves and delaying judicial review. There is no requirement to promptly bring suspects before a judge, nor safeguards ensuring legal counsel is present during early interrogations.
Together, these provisions reverse the presumption of innocence, concentrate power in law enforcement, and institutionalize practices long criticized by human rights groups. The restrictive provisions of the new laws combined with increased powers of law enforcement officials are expected to send a chilling effect across civil society, increasing self-censorship and fear. Just weeks after taking effect, multiple constitutional challenges have been filed, reflecting widespread fear that the new KUHP and KUHAP will accelerate criminalization, suppress dissent, and further erode Indonesia’s democratic space.