Rights groups warn KUHP and KUHAP may silence dissent and expand police power
Indonesia has entered a pivotal legal moment as sweeping criminal law reforms take effect, drawing sharp concern from civil society groups who fear the changes could reshape the nation’s democratic space and weaken long-standing protections for free expression.
A Historic Legal Shift
Indonesia’s newly revised Criminal Code (KUHP) and Criminal Law Procedure Code (KUHAP) officially came into force on Friday, replacing colonial-era laws inherited from Dutch rule. Coordinating Law, Human Rights, Immigration and Correctional Services Minister Yusril Ihza Mahendra hailed the move as a “historic moment,” describing the reforms as a step toward a more humane, modern, and just legal system. He emphasized that the laws balance freedom of expression with the public interest and promised continuous review with input from civil society.
Laws Years in the Making
Efforts to overhaul Indonesia’s criminal laws spanned decades and multiple administrations. The revised KUHP was passed in 2022 during former president Joko Widodo’s final term, while KUHAP was approved in November 2025, more than a year into President Prabowo Subianto’s presidency. The government argues the updates better reflect Indonesia’s legal and cultural context, particularly in regulating public order and state authority.
Provisions That Raise Alarm
At the center of controversy are articles criminalizing insults against the president, vice president, government, and state institutions, carrying penalties of up to four years in prison if remarks are made online and trigger public disorder. The new code also requires organizers of public demonstrations to notify police, with disruptions to the “public interest” punishable by up to six months’ in jail. While these offenses are complaint-based, critics warn they remain vulnerable to abuse.
Power Consolidation Concerns
A coalition of pro-democracy advocates, including the Indonesian Legal Aid Foundation (YLBHI) and Jakarta Legal Aid Institute (LBH Jakarta), argues the laws disproportionately protect state officials and contradict constitutional guarantees of equality before the law. Former attorney general Marzuki Darusman warned that the reforms could enable power consolidation by granting law enforcement near-unchecked authority, particularly under KUHAP’s expanded arrest, search, and detention powers during preliminary investigations.
Climate of Fear for Critics
The legal changes come amid growing reports of intimidation against activists and government critics. Rights groups point to recent arrests linked to nationwide protests in August over economic inequality and police brutality. In late December, Greenpeace Indonesia activist Iqbal Damanik received a threatening package containing a chicken carcass, while influencer Ramond Dony Adam, known as DJ Donny, was targeted by a Molotov cocktail attack at his Jakarta home. Both incidents intensified fears of declining freedom of expression.
International and Domestic Scrutiny
Human Rights Watch and local activists warn that the new criminal code risks pushing Indonesia toward authoritarian practices if safeguards are not strengthened. Although the government maintains that the laws are designed to protect public order, critics argue that vague definitions of “public interest” and expanded police discretion could suppress legitimate dissent.
The implementation of Indonesia’s new KUHP and KUHAP marks a defining moment for the country’s democracy. As debates over free speech, police power, and civil liberties intensify, the reforms are being closely watched not only by Indonesians but also by regional observers, including Singaporeans, who view Indonesia’s political stability and rule of law as critical to regional trust and cooperation.
Sources: Asia News Network (2026) , Straits Times (2026)
Keywords: KUHP Indonesia, KUHAP Indonesia, Free Speech Indonesia, Human Rights Law, Police Powers
