Rabu, Januari 4, 2023

New Indonesian Criminal Law Code to Come into Force by 2 January 2026

On 2 January 2023, the President of Indonesia officially signed the Bill on Criminal Law Code ("Bill"), which now becomes Law No. 1 of 2023 on the Criminal Law Code (Kitab Undang-Undang Hukum Pidana - "Revised KUHP"), replacing the previous Criminal Law Code ("Previous KUHP"). Although it is important to note that the Revised KUHP will only come into force three years after its promulgation, specifically on 2 January 2026.
Generally speaking, the Revised KUHP makes no significant changes to provisions that were originally set out under the most recent version of the Bill, which comprised 624 articles spanning 37 chapters. Both the Bill and Revised KUHP also comprise two main books (whereas the Previous KUHP featured three books), specifically: 1) Book One: General Provisions; and 2) Book Two: Criminal Acts.
As originally introduced under the Bill, the Revised KUHP also makes a number of adjustments in comparison with previous versions of the Bill, which include: 1) Primary sanctions now include community service and supervision; 2) The death penalty has now been excluded from the primary sanctions classification; 3) The fulfillment of local customs has now been classified as an additional sanction; 4) A double-track system that involves the imposition of measures (e.g. counseling, rehabilitation, work training and so forth) has been introduced; and 5) Various special crimes (e.g. major human rights violations, crimes relating to corruption, money laundering and narcotics) have also now been introduced.
For a more in-depth update on the Bill-version of the Revised KUHP that features a comparison with the Previous KUHP, see the following edition of Indonesian Law Digest: “DPR Finally Passes Criminal Law Code Bill: What's New?”.

......

Subscribe to read more legal analysis.

Hukumonline Pro Intelligence

Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda

Professional Solutions

University Solutions

Pro

Rp 5.000.000 /bulan

Jadwalkan Demo

Lihat Detail

Pro AI

Terfavorit

Rp 8.200.000 /bulan

Jadwalkan Demo

Lihat Detail

Pro Compliance

New

Rp 12.500.000 /bulan

Jadwalkan Demo

Lihat Detail

*Syarat dan ketentuan berlaku

On 2 January 2023, the President of Indonesia officially signed the Bill on Criminal Law Code ("Bill"), which now becomes Law No. 1 of 2023 on the Criminal Law Code (Kitab Undang-Undang Hukum Pidana - "Revised KUHP"), replacing the previous Criminal Law Code ("Previous KUHP"). Although it is important to note that the Revised KUHP will only come into force three years after its promulgation, specifically on 2 January 2026.
Generally speaking, the Revised KUHP makes no significant changes to provisions that were originally set out under the most recent version of the Bill, which comprised 624 articles spanning 37 chapters. Both the Bill and Revised KUHP also comprise two main books (whereas the Previous KUHP featured three books), specifically: 1) Book One: General Provisions; and 2) Book Two: Criminal Acts.
As originally introduced under the Bill, the Revised KUHP also makes a number of adjustments in comparison with previous versions of the Bill, which include: 1) Primary sanctions now include community service and supervision; 2) The death penalty has now been excluded from the primary sanctions classification; 3) The fulfillment of local customs has now been classified as an additional sanction; 4) A double-track system that involves the imposition of measures (e.g. counseling, rehabilitation, work training and so forth) has been introduced; and 5) Various special crimes (e.g. major human rights violations, crimes relating to corruption, money laundering and narcotics) have also now been introduced.
For a more in-depth update on the Bill-version of the Revised KUHP that features a comparison with the Previous KUHP, see the following edition of Indonesian Law Digest: “DPR Finally Passes Criminal Law Code Bill: What's New?”.

......