JAKARTA, Indonesia (AP) — Indonesia on Friday began enforcing its newly ratified penal code, replacing a Dutch-era criminal law that had governed the country for more than 80 years and marking a major shift in its legal landscape.
Since proclaiming independence in 1945, the Southeast Asian country had continued to operate under a colonial framework widely criticized as outdated and misaligned with Indonesia’s social values. Efforts to revise the code stalled for decades as lawmakers debated how to balance human rights, religious norms and local traditions in the world’s most populous Muslim-majority nation.
The 345-page Indonesian Penal Code, known as the KUHP, was passed in 2022. At the time, then-U.S. State Department spokesperson Ned Price said the U.S. was “closely monitoring the revised criminal code” of its democratic partner.
It criminalizes sex outside marriage and reintroduces penalties for insulting the president and state institutions. It comes into force following a three-year transition period.
Moving away from a colonial framework
A previously revised code was poised for passage in 2019, but then-President Joko Widodo urged lawmakers to delay a vote amid mounting public criticism that led to nationwide protests involving tens of thousands of people.
Opponents said it contained articles that discriminated against minorities and that the legislative process lacked transparency.
A parliamentary task force finalized the bill in November 2022 and lawmakers unanimously approved it a month later in what the government called a “historic step.”
The enforcement of the new penal code marks “the end of the colonial criminal law era and the beginning of a more humane, modern, and just legal system rooted in Indonesian culture,” said Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra.
“This is a historic moment for the Indonesian nation,” Mahendra said in a statement on Friday.
He said the old code based on Dutch law is “no longer relevant to the dynamics of modern Indonesian society.”
Provisions under scrutiny
Under the amended code, sex outside marriage is punishable by up to one year in prison, while cohabitation carries a six-month sentence. However, adultery cases can only proceed following a complaint by a spouse, parents or children — a safeguard the government says prevents arbitrary enforcement, including against tourists.
Rights groups remain skeptical. Human Rights Watch warned the morality-based provisions could lead to invasions of privacy and selective enforcement.
The code also restores a ban on insulting a sitting president or vice president, state institutions and the national ideology. Cases must be reported by the president and carry penalties of up to three years in prison for “attacking the honor or dignity” of state leaders.
Deputy Minister of Law Edward Hiariej said the government has issued strict guidelines distinguishing criticism from criminal insult, but rights advocates argue the provisions threaten freedom of expression.
Amnesty International Indonesia executive director Usman Hamid described the KUHP as “a significant blow” to civil liberties.
“This overreaching criminal code will entrench obstacles to freedom of speech while criminalizing legitimate and peaceful dissent,” Hamid said, warning it could open the door to abuse of power.
The new code also expands an existing blasphemy law, maintaining prison sentences of up to five years for deviations from the core teachings of Indonesia’s six officially recognized religions. It preserves penalties of up to 10 years for associating with Marxist-Leninist organizations and four years for spreading communist ideology.
Mixed reactions
Some advocates welcomed lawmakers’ decision to drop a proposed article that would have criminalized gay sex, following opposition from civil society groups. The move was hailed as a rare positive outcome for Indonesia’s LGBTQ community.
The revised code retains the death penalty, despite calls from rights groups to abolish capital punishment. However, it introduces a 10-year probationary period, after which death sentences may be commuted to life imprisonment or 20 years if the convict demonstrates good behavior.
It also maintains a ban on abortion while formalizing existing exceptions for life-threatening medical conditions and pregnancies resulting from rape, provided the fetus is less than 12 weeks old.
A shift in sentencing philosophy
Legal experts say the KUHP reflects a fundamental change in how punishment is applied. Hiariej noted that public opinion still often favors harsh penalties, a mindset he described as rooted in outdated notions of retribution.
“This is a legacy of the law of retaliation,” he said, contrasting it with modern systems that emphasize harm repair and reintegration.
The Institute for Criminal Justice Reform said the code expands non-custodial sentences, including community service and supervision, and gives judges greater discretion to tailor penalties.
ICJR executive director Erasmus Napitupulu said these measures could help ease prison overcrowding and better serve victims.
He also praised the probationary mechanism for death row inmates as “an initial step toward eventually abolishing the death penalty in Indonesia.”
“This is a good mechanism and meaningful progress for criminal justice reform,” Napitupulu said.
