Indonesia’s New Legal Codes Spark Human Rights Concerns
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Indonesia’s recently enacted Criminal Procedure Code (KUHAP) and Penal Code (KUHP) are facing sharp criticism from human rights advocates, who allege a lack of transparency in their creation and the inclusion of provisions that could undermine constitutional rights. The laws, which came into effect on January 2, 2026, have ignited fears of increased government control and potential abuses of power.
A leading voice in the opposition, the Executive Director of Amnesty International Indonesia, expressed deep reservations about the new legislation. “These are flawed laws,” he stated during a virtual press conference on Thursday, January 1, 2026. “Their creation lacked transparency and included anti-constitutional elements.”
Eroding Freedoms of Expression
One key concern centers on the potential impact of the new Penal Code on freedom of expression. According to the Amnesty International Indonesia director, the revised code weakens protections against the criminalization of citizens who voice criticism of government officials, including the president and state institutions. This loosening of restrictions raises alarms about the potential for the suppression of dissent and the chilling of legitimate public discourse.
Expanding Police Powers, Diminishing Oversight
Beyond concerns about free speech, critics argue that both the KUHAP and KUHP grant excessive power to law enforcement without adequate mechanisms for oversight. The revised Criminal Procedure Code, passed in a plenary session on November 18, 2025, has been particularly targeted for failing to address systemic issues within the Indonesian National Police.
A civil society coalition opposing the new law contends that it strengthens police authority without implementing robust control systems. This perceived imbalance, they warn, could lead to a continuation – and even escalation – of abuse of power. The coalition fears the legislation represents a move to consolidate power and expand the discretion of police forces.
“Without better regulations, law enforcement may drift away from legal norms,” the coalition cautioned.
Implementation Challenges and Delays
The Indonesian government is now under pressure to rapidly explain the intricacies of the new Criminal Procedure Code and its numerous implementing rules to the public, with a deadline of just a few weeks. This urgency stands in stark contrast to the three-year implementation period granted following the enactment of the new Penal Code in 2023. Despite this extended timeframe, the government has yet to finalize the necessary rules to fully implement the Penal Code, raising questions about its commitment to a thorough and considered rollout.
The concerns surrounding these new legal codes echo earlier warnings from Amnesty International, which previously described 2025 as a potential “human rights catastrophe” for Indonesia. The coming months will be critical in determining whether these fears are realized, and whether the Indonesian government will address the legitimate concerns raised by human rights advocates and civil society groups.
