Talking Indonesia: the new Criminal Code

On 2 January 2026, Indonesia entered what officials are calling a ‘new era’ of criminal justice. The country implemented a new Criminal Code (Kitab Undang-undang Hukum Pidana, KUHP) and a new Criminal Procedure Code (Kitab Undang-undang Hukum Acara Pidana, KUHAP), which changed what constitutes a crime and how crimes are identified, investigated, and punished.

The government says this marks a shift toward ‘restorative justice’ that prioritises rehabilitation over punishment. Officials describe it as ‘more humane, modern, and just’. But civil society groups are sounding the alarm. They’re calling the new law ‘draconian and illiberal’—and potentially worse than the system it replaces.

At the heart of the controversy: police can still arrest and detain people without a warrant, and Amnesty International has identified 88 articles that could be used to silence critics and criminalise peaceful dissent.

So which is it? A historic reform that modernises the Indonesian justice, or a step backward that gives authorities new powers? In this episode, we’re speaking with a legal expert who’s been following this law since its drafting.

Maidina Rahmawati has over eight years of experience in criminal justice reform advocacy. She is a certified advocate/litigator and mediator, and currently serves as the Deputy Director of the Institute for Criminal Justice Reform (ICJR). Mai holds a Master of Laws from the University of New South Wales, specialising in Criminal Justice and Human Rights. She is newly appointed as a lecturer in Criminal Law and Human Rights at Atma Jaya University Jakarta and in Criminal Law in the undergraduate Criminology program at the University of Indonesia (UI).

In 2026, the Talking Indonesia podcast is co-hosted by Dr Elisabeth Kramer from the University of New South Wales, Dr Jemma Purdey from the Australia-Indonesia Centre, Tito Ambyo from RMIT, Dr Jacqui Baker from Murdoch University, and Clara Siagian from the University of College London.