Criminal
A new Criminal Code enacted in 2023, in force from 2026
Indonesia enacted Law No. 1 of 2023, a wholly new Criminal Code replacing the Dutch colonial KUHP, with a three-year transition making it effective in January 2026. It is the most significant criminal law change in Indonesian history and includes controversial provisions on cohabitation, insulting the President and customary law offences. Until it takes effect the colonial code still governs.
Governing law
- Law No. 1 of 2023 on the Criminal Code — New KUHP; effective January 2026.
- Wetboek van Strafrecht (KUHP) — Colonial code, in force until the 2023 Code takes effect.
In practice
The colonial KUHP governs offences until Law No. 1 of 2023 takes effect in January 2026. The new Code recognises living customary law as a source of criminal liability in limited circumstances. The death penalty is retained but recast as an alternative punishment with a ten-year probationary period. Provisions criminalising extramarital cohabitation are prosecutable only on complaint by close family. Any criminal-law advice must state which code applies to the conduct date — this is a live transition, not settled law. Aceh additionally applies Qanun Jinayat, a Sharia criminal regulation, with caning as a penalty.