Customs, Community and Criminal Liability: Sanctions under Living Law Formalized Through Regional Regulations and Individual Fines Equivalent to Rp. 10 Million

On 2 January 2026, Law No. 1 of 2023 on the Criminal Code (Kitab Undang-Undang Hukum Pidana – “KUHP”) officially came into force. Under Book I of the KUHP, which sets out the general rules of criminal law in Indonesia, the principle of legality applies, meaning that no act may be subject to criminal sanctions and/or measures unless it is based on criminal provisions that are set out under Laws and Regulations that were already in force prior to an act being committed.[1] However, this principle does not exclude the applicability of living law within society (“Living Law”), under which a person may still be subject to criminal punishment, even if the relevant act is not expressly stipulated under the framework of Law 1/2023.[2]