(Jakarta, 4th) Indonesia’s new Criminal Code and Code of Criminal Procedure have officially taken effect, replacing the old criminal code dating back to Dutch colonial times. Indonesian civil groups warn that the new criminal code may undermine civil liberties, especially as there are increasing incidents suggesting critics of the current government are being intimidated, raising fears that Indonesia could develop into an authoritarian state.
According to The Jakarta Post, the two codes that came into force on Friday (Jan 2) contain high-profile provisions, such as clauses regarding insults toward the president, vice president, government, or state institutions. Such offenses can be punished with imprisonment of up to four years. Critics warn this may be abused by incumbent presidents or officials, turning legitimate criticism of government policies into criminal acts.
Mohammad, a member of the Indonesian Legal Aid Foundation, said: "Indonesia’s criminal justice system risks falling into serious disorder, and the protection of human rights is increasingly threatened."
Daniel from Jakarta Legal Aid Institute is concerned that the new criminal code allows police to carry out arrests, searches, and detentions at the preliminary investigation stage, making it easy to arbitrarily suppress political dissent.
Former attorney general Mazuki believes that the new criminal code grants law enforcement agencies nearly unlimited power, calling it one of President Prabowo's methods of consolidating political authority, which could ultimately make the political system harsher and more centralized. "We are facing an emergency situation, and could even fall into a disastrous state, because people are no longer protected by law—it’s hard to guarantee that what happened in August won’t happen again."
He was referring to the nationwide protests across Indonesia last August, which took aim at economic inequality and police violence. Some protestors were later charged with spreading hate speech, disinformation, and inciting the public.
In the past week, several members of civil groups and social media influencers have been intimidated after criticizing the government's lack of effective flood relief in North Sumatra, fueling public anxiety. For example, a Greenpeace Indonesia staff member found a dead chicken left outside their door, along with a note that read: "If you want to protect yourself and your family, don’t speak carelessly."
According to The Jakarta Globe, Indonesia's Coordinating Minister for Law, Human Rights, Immigration and Corrections, Yusril, said on Friday that the implementation of the new criminal code brings an end to colonial-era criminal law and ushers in "a more humane, modern, and fair era of enforcement."
He explained that the new criminal code fundamentally shifts sentencing from a punitive model to restorative justice. Sentencing is no longer only focused on punishing the perpetrator, but also on supporting the victim and social recovery, as well as rehabilitating offenders. The new code expands the use of alternative penalties, such as community service, rehabilitation, and mediation, and puts greater emphasis on medical treatment and social rehabilitation for drug users to ease overcrowding in prisons.
"The new criminal code strikes a balance between protecting freedom of expression and safeguarding public interests, while ensuring punishments are proportionate to the committed offenses."
Other controversial provisions in the new code include a maximum one-year prison sentence for adultery within marriage, and up to six months imprisonment for cohabitation outside of marriage.
Mohammad, a member of the Indonesian Legal Aid Foundation, said: "Indonesia’s criminal justice system risks falling into serious disorder, and the protection of human rights is increasingly threatened."
Daniel from Jakarta Legal Aid Institute is concerned that the new criminal code allows police to carry out arrests, searches, and detentions at the preliminary investigation stage, making it easy to arbitrarily suppress political dissent.
Former attorney general Mazuki believes that the new criminal code grants law enforcement agencies nearly unlimited power, calling it one of President Prabowo's methods of consolidating political authority, which could ultimately make the political system harsher and more centralized. "We are facing an emergency situation, and could even fall into a disastrous state, because people are no longer protected by law—it’s hard to guarantee that what happened in August won’t happen again."
He was referring to the nationwide protests across Indonesia last August, which took aim at economic inequality and police violence. Some protestors were later charged with spreading hate speech, disinformation, and inciting the public.
In the past week, several members of civil groups and social media influencers have been intimidated after criticizing the government's lack of effective flood relief in North Sumatra, fueling public anxiety. For example, a Greenpeace Indonesia staff member found a dead chicken left outside their door, along with a note that read: "If you want to protect yourself and your family, don’t speak carelessly."
According to The Jakarta Globe, Indonesia's Coordinating Minister for Law, Human Rights, Immigration and Corrections, Yusril, said on Friday that the implementation of the new criminal code brings an end to colonial-era criminal law and ushers in "a more humane, modern, and fair era of enforcement."
He explained that the new criminal code fundamentally shifts sentencing from a punitive model to restorative justice. Sentencing is no longer only focused on punishing the perpetrator, but also on supporting the victim and social recovery, as well as rehabilitating offenders. The new code expands the use of alternative penalties, such as community service, rehabilitation, and mediation, and puts greater emphasis on medical treatment and social rehabilitation for drug users to ease overcrowding in prisons.
"The new criminal code strikes a balance between protecting freedom of expression and safeguarding public interests, while ensuring punishments are proportionate to the committed offenses."
Other controversial provisions in the new code include a maximum one-year prison sentence for adultery within marriage, and up to six months imprisonment for cohabitation outside of marriage.