At a Glance
- Indonesia enforces Penal Code, ending 80-year colonial law. KUHP criminalizes sex outside marriage, president insult bans, penalty with 10-year probation.
- The 345-page KUHP criminalizes sex outside marriage, restores president insult bans, keeps death penalty with 10-year probation.
- It retains the death penalty but adds a 10-year probationary period.
Why it matters: The change reshapes Indonesia’s criminal justice, affecting civil liberties and the balance of law and culture.
On Friday, Indonesia began enforcing its newly ratified Penal Code, replacing the Dutch-era criminal law that had governed the country for more than eight decades. The 345-page KUHP, passed in 2022, introduces new punishments and restores old ones, signaling a major shift in the nation’s legal landscape.
A Historic Shift in Indonesian Law
The enforcement marks the end of the colonial criminal law era and the start of a more humane, modern system rooted in Indonesian culture, Yusril Ihza Mahendra said. He added that the old Dutch-based code was no longer relevant to modern society. The bill, approved unanimously in 2023, was seen as a historic step by the government.
Yusril Ihza Mahendra said:
> “This is a historic moment for the Indonesian nation,” Mahendra said.
Key Provisions Under Scrutiny
The new code criminalizes sex outside marriage with up to one year in prison, while cohabitation carries a six-month sentence. Adultery cases can only proceed after a complaint by a spouse, parent or child, a safeguard the government says prevents arbitrary enforcement, including against tourists. Rights groups warn that morality-based provisions could lead to invasions of privacy and selective enforcement.
- Sex outside marriage: up to 1 year prison
- Cohabitation: 6 months
- Adultery: complaint-required
- Insulting president or state institutions: up to 3 years prison
- Blasphemy: up to 5 years prison
- Marxist-Leninist association: up to 10 years
- Communist ideology: 4 years
- Death penalty: retained, with 10-year probation
Civil Liberties Concerns
The code restores a ban on insulting the sitting president, state institutions and national ideology, with penalties up to 3 years in prison. Edward Hiariej said the government has issued strict guidelines distinguishing criticism from criminal insult, but rights advocates argue the provisions threaten freedom of expression.
Edward Hiariej said:
> “The government has issued strict guidelines distinguishing criticism from criminal insult,” Hiariej said.
Usman Hamid called the KUHP a significant blow to civil liberties, warning it could entrench obstacles to free speech while criminalizing legitimate dissent.
Usman Hamid said:
> “This overreaching criminal code will entrench obstacles to freedom of speech while criminalizing legitimate and peaceful dissent,” Hamid said.
Revised Death Penalty and Abortion Rules
The revised code keeps the death penalty but introduces a 10-year probationary period, after which sentences may be commuted to life imprisonment or 20 years if the convict demonstrates good behavior. It also maintains a ban on abortion, formalizing exceptions for life-threatening medical conditions and pregnancies resulting from rape, provided the fetus is less than 12 weeks old.
Legal Reform Outlook
Legal experts say the KUHP reflects a fundamental shift from retribution to harm repair and reintegration. Erasmus Napitupulu praised the expansion of non-custodial sentences and the probationary mechanism for death row inmates, calling it a good mechanism and meaningful progress for criminal justice reform.
Erasmus Napitupulu said:
> “These measures could help ease prison overcrowding and better serve victims,” Napitupulu said.
Erasmus Napitupulu added:
> “This is a good mechanism and meaningful progress for criminal justice reform,” Napitupulu said.
Key Takeaways
- Indonesia’s new Penal Code ends an 80-year colonial legal framework.
- It criminalizes sex outside marriage and restores president insult bans.
- The death penalty remains but includes a 10-year probationary period.
The new penal code marks a turning point in Indonesia’s legal history, balancing traditional values with modern justice concerns while drawing scrutiny from civil-rights advocates.
