UNAIR NEWS – Friday, January 2, 2026, marked a significant turning point for Indonesia’s legal system. The newly enacted Criminal Code (KUHP), Law No. 1 of 2023, and the Criminal Law Procedure Code (KUHAP), Law No. 20 of 2025, officially took effect, formally replacing legal provisions inherited from the Dutch colonial era.
In response to the implementation of these laws, Universitas Airlangga (UNAIR) constitutional law expert Dr. Mohammad Syaiful Aris, S.H., M.H., LL.M., offered a critical perspective. He stressed that the reforms must translate into stronger legal and popular sovereignty, in line with Article 1, Paragraph (2) of the 1945 Constitution of the Republic of Indonesia.
“Legislation, including the KUHP and KUHAP, should primarily function to protect citizens, while also regulating fair and constructive relationships between the state and its people,” he emphasized.
Caution over uneven transition periods
A key issue highlighted by Dr. Aris is the imbalance in preparation time between the two laws. The KUHP was given a three-year transition period after its passage in 2023, while the KUHAP was enacted in November 2025 and implemented immediately in January 2026.
While the legal doctrine, een ieder wordt geacht de wet te kennen (everyone is presumed to know the law) is well established, Dr. Aris warned that adequate preparation remains essential to avoid confusion during implementation.
“Long-standing legal provisions cannot be revised and enforced abruptly. Three elements must be fully ready: the legal substance itself, the preparedness of law enforcement personnel, and the level of public understanding,” he said.
He further cautioned against rushing implementation without institutional readiness. “If law enforcement agencies are not prepared, revisions, particularly regarding the law’s effective date, should be considered. Ideally, implementation should be postponed, as was done with the KUHP, which allowed a three-year adjustment period,” Dr. Aris added.
Risks of abuse of power and the importance of civil safeguards
Responding to public concerns about articles that could undermine civil liberties, Dr. Aris acknowledged that criminal law has increasingly been vulnerable to misuse as a means of socio-political control rather than as a tool for citizen protection. He pointed to environmental protection and freedom of expression as particularly sensitive areas.
“From a constitutional law standpoint, power inherently carries the risk of abuse, especially when state authorities are granted coercive authority,” he said. For this reason, he underscored the need for clear and firm sanction mechanisms in the new KUHAP to ensure accountability and restraint among law enforcement officials.
Judicial review surge seen as natural
Dr. Aris also anticipates a wave of judicial review petitions to the Constitutional Court (MK) following the enforcement of both laws. He argued that this should be seen as a normal and healthy part of democratic oversight rather than a threat to legal stability.
“In my view, widespread judicial review is a natural consequence of heightened public scrutiny. The more people pay attention to how the law is applied, the greater the opportunity to improve the legal system,” he said.
In closing, Dr. Aris expressed hope that the implementation of these nationally developed legal reforms would help restore public confidence. “This is a critical moment to rebuild trust in law enforcement in Indonesia and to reaffirm a sense of justice for the public,” he concluded.
Author: Ahmad Abid Zhahiruddin
Editor: Khefti Al Mawalia
