UU Kitab Undang-undang Hukum Pidana (UU KUHP)
People's Representative Council
  • Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang – undang Hukum Pidana
    (Criminal Code Act 2023 c. 1)
CitationAct No. 1/2023
Territorial extentIndonesia
Passed byPeople's Representative Council
Passed6 December 2022
Commenced2 January 2023
Legislative history
Bill titleRUU Kitab Undang – Undang Hukum Pidana (Bill on Criminal Code)
Amends
21 acts
Repeals
8 acts
including the Wetboek van Strafrecht
Status: Not yet in force

The Criminal Code Act 2023, or the 2023 Indonesian Criminal Code, is the new Indonesian criminal code replacing the Dutch-era code. The law is the most expensive and longest ever made in Indonesia, being more than 50 years in the making since formulation until finally commenced by the Indonesian government.[1]

The law, however, will be effectively used on 2 January 2026, 3 years after its commencement.[2]

History

Before the law passed, the Dutch-made Criminal Code was used as the Criminal Code for Indonesia. Since 1968, Indonesian lawmakers, law experts, and law researchers had been working on Indonesian-made Criminal Code drafts. Various drafts were made, but never replaced the Code.[3]

The Indonesian government has considered changes to the Criminal Code ever since independence, with the colonial-era code being seen as a mismatch with current cultural values. In 2019, a new bill on criminal code was publicly announced, but controversial provisions criminalizing extramarital sex, abortions, and other restrictions on religious and civil liberties led to a series of protests and riots in response, ultimately causing the bill to replace the code to be scrapped.[4] However, in 2022, a bill reintroducing the 2019 proposal with some statutes being "watered down" was passed by Indonesia's parliament and is planned to take effect in full after a three-year provisional period, despite similar concerns about its effect on civil rights and the rights of religious and sexual minorities.[5][6]

The new criminal code is finally enacted as Law No. 1/2023 on the Criminal Code. The code is expanded to 624 articles, split into 2 Books: "General Provisions" and "Crime"; The new code no longer differentiates crime from lesser misdemeanors. It also contains provisions regarding government acknowledgement regarding 'living laws' (adat or customary rules) in punishing crimes. In addition, the new code also introduces the concept of "fine categories" similar to that of the Netherlands.

Repealed Laws

  • Staatsblad No. 732 of 1915 as amended by Law No. 1/1946 on Criminal Code.
  • Law No. 73/1958 on Establishment of Law No.1/1946 as Criminal Code for all Indonesian regions.
  • Law No. 1/1960 on Amendment of Criminal Code.
  • Law No. 16/Prp/1960 on Some Amendments of Criminal Code.
  • Law No. 18/Prp/1960 on Changes in Fine in Criminal Code and other Criminal Regulations.
  • Law No. 7/1974 on Gambling Control.
  • Law No. 4/1976 on Amendment Related Expansion of Criminal Acts Defined in Criminal Code, and Crimes against Aviation and Aviation Infrastructures.
  • Law No. 27/1999 on Amendment of Criminal Code related to Crimes Against State Security.

Amended Laws

  • Emergency Law No. 1/1951 on Temporary Acts for Organizing Unity and Uniformization of Civil Courts Powers and Procedures.
  • Emergency Law No. 12/1951 on Arms.
  • Law No. 1/PNPS/1965 on Prevention Against Misuse and/or Desecration of Religions.
  • Law No. 31/1999 as amended with Law No. 20/2001 on Eradication of Corruption Crimes.
  • Law No. 26/2000 on Human Rights Court.
  • Law No. 23/2002 as amended with Law No. 17/2016 on Child Protection.
  • Law No. 15/2003 as amended with Law No. 5/2018 on Anti-Terrorism Acts.
  • Law No. 20/2003 on National Education System.
  • Law No. 21/2007 on Eradication of Human Trafficking Crimes.
  • Law No. 11/2008 as amended with Law No. 9/2016 on Electronic Information and Transaction.
  • Law No. 40/2008 on Eradication of Racial and Ethnical Discrimination.
  • Law No. 44/2008 on Pornography.
  • Law No. 24/2009 on Flags, Languages, State Symbols, and National Anthem.
  • Law No. 35/2009 on Health.
  • Law No. 36/2009 on Narcotics.
  • Law No. 8/2010 on Prevention and Eradication of Money Laundering.
  • Law No. 6/2011 on Immigration.
  • Law No. 7/2011 on Currency.
  • Law No. 18/2012 on Foods.
  • Law No. 9/2013 on Prevention and Eradication of Terrorism Funding Crimes.
  • Law No. 13/2006 as amended with Law No. 31/2014 on Witness and Victim Protection.

Criticisms

The articles contained several controversial articles:

Crimes against the personal dignity and honor of the sitting president and vice president

Article 218 verse 1 of the code stated that any person who attack the personal dignity and honor of the sitting president and vice president will be punished by 3 years 6 months imprisonment and category IV (200 million rupiah) fine. Despite that, verse 2 Article 218 guaranteed that such personal attacks may permissible if used for defending oneself or committed for good public interest.[7] Although claimed by the pro-democracy as attack of human rights, the law itself limited that such process of the case report only can be processed if the sitting president or vice president filed themselves in personal capability.[8]

Magic and black magic

Article 252 of the code regulated magic and black magic. The verse 1 of the article said that anyone who expressed such ability to perform magic, announcing it, giving hope people for it, offering and aiding for such service to cause such immense bodily and mentally harm, diseases, and death will be punished by 1 year 6 months imprisonment and a category IV (200 million rupiahs) fine. Verse 2 of the article gives additional penalties given by the verse 1 to magic and black magic practitioners who make a living on it.[9] This article is controversial, as it is hard to be proven.[10]

Hoaxing and trolling

Hoaxing and trolling are already part of culture in Indonesia, either by pro-government or anti-government alike, and enjoyed by the Indonesian population. Troll "factories" and so-called "cyber armies" had made a living in Indonesia since 2016, making revenue from sowing discord and flooding Internet space with socio-politico-religious misleadings.[11][12][13] Article 263 threatened the trolls and hoax makers with 6 years imprisonment. Protesters protested that such regulation threatened what they called as "democracy" and called that "a move to shut the critics". The Ministry of Law and Human Rights condemned the protesters of the article, assured that their criticism is needed for the country, but feeding lies and misleading people are not. The ministry asked people to read the law carefully and stop consuming irresponsible statements.[14][15][16]

Personal space invasion by law enforcement

Article 411 to 413 of the code outlawed domestic partner relationship, cohabitation, and incestuous relationship.[17] For pro-privacy advocates, such regulation may translated as personal space invasion by law enforcement, although the law itself stated that such acts only able to be processed if the report filed by the members of the family.[18][19][20] With the code, government expected that local law enforcement will not invade privacy due to being codified and there will be no more local regulation granting sweeping power to their local law enforcement.[21] These articles however, inapplicable for Muslims in Aceh Province, which possessed different law enforcement system granted by the Law No. 11/2006 (On Aceh Province), Wilayatul Hisbah, which is not affected by the code.[17]

Responses

Attacks against government institutions

On 7 December 2022, a suicide bombing incident occurred at a police station in Astana Anyar District, Bandung, West Java. The attacker and one police officer were killed by the explosion, while 11 people were injured, including 3 police officers. Police Chief General Listyo Sigit Prabowo said that the perpetrator was affiliated to the Jamaah Ansharut Daulah (JAD) Bandung branch.[22][23][24]

Opposition to the passing of the Criminal Code Bill into law was the motive of the bombing, as the motorcycle used by the suicide bomber to reach the police station was adorned by pamphlets condemning the Criminal Code.[25] One of the pamphlets brought by the perpetrator read "KUHP is the law of the mushrik and infidels, declare war to the enforcers of the Devil's Law." The same pamphlet also made reference to verse 29 of Surah At-Tawba, which called for the imposition of jizya to non-Muslims.[26]

Foreign condemnation

The passing of the law was condemned by the governments of Australia, United States, South Korea and even the United Nations, largely for not accommodating LGBT and domestic partnership relation protection and rights, as well as not ensuring enough privacy, equity, religious freedom, journalism and sexuality issues.[27] The European Union also condemned the law due to too much regulations on privacy with emphasis on premarital sex, threatening democracy and freedom of speech, and promotion of Western ideologies in Indonesia.[28] The Executive Office of the President of the Republic of Indonesia rejected the claim that the new law contradicts democracy.[29] The deputy minister of the Ministry of Law and Human Rights rejected the international condemnations because the law is considered domestic and should not be compared with Western and international values.[30]

See also

References

  1. ↑ Afifa, Laila (17 December 2022). "Revised Criminal Code Approval Takes More than 5 Decades". Tempo.co. Archived from the original on 8 January 2023. Retrieved 5 January 2023.
  2. ↑ "Jokowi Teken UU KUHP, Berlaku Mulai Tahun 2026". kumparan (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  3. ↑ Agency, ANTARA News. "Perjalanan panjang KUHP". ANTARA News Jawa Timur. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  4. ↑ Lamb, Kate (26 June 2019). "Indonesia's criminal code: what is it, why does it matter, and will it be passed?". the Guardian. Archived from the original on 6 December 2022. Retrieved 5 January 2023.
  5. ↑ de Guzman, Chad (6 December 2022). "Sex Outside Marriage Will Be Illegal Under Indonesia's Sweeping New Criminal Code". Time. Archived from the original on 16 December 2022. Retrieved 5 January 2023.
  6. ↑ "UU No. 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana [JDIH BPK RI]". peraturan.bpk.go.id. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  7. ↑ Media, Kompas Cyber (16 December 2022). "Pasal 218 dan Pasal 219 KUHP Baru Tidak Boleh Menghina Presiden dan Wakil Presiden? Ini Penjelasannya". KOMPAS.com (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  8. ↑ "KUHP Baru Pasal Penghinaan Presiden Tuai Kritikan, Jokowi Bilang Begini" (in Indonesian). 16 December 2022. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  9. ↑ Media, Kompas Cyber (9 December 2022). "KUHP Baru: Dukun Santet dan Praktik Sihir Bisa Dipenjara 1,5 Tahun". KOMPAS.com (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  10. ↑ "KUHP: Pidana bagi Dukun Santet 1,5 Tahun Penjara dan Denda Rp 200 Juta". pramborsfm. 4 January 2023. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  11. ↑ "'I felt disgusted': inside Indonesia's fake Twitter account factories". the Guardian. 23 July 2018. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  12. ↑ "Muslim Cyber Army: a 'fake news' operation designed to derail Indonesia's leader". the Guardian. 13 March 2018. Archived from the original on 15 October 2022. Retrieved 5 January 2023.
  13. ↑ "When Politics and Religion Become Disaster: An Annual Mapping of Hoax in Indonesia – MAFINDO". Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  14. ↑ DA, Ady Thea. "Mendorong Penghapusan Pasal Anti Demokrasi dalam RUU KUHP". hukumonline.com (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  15. ↑ Antara. "Wamenkumham Minta Pengkritik Pahami Isi KUHP: Jangan Asal Ngomong". detiknews (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  16. ↑ antaranews.com (12 December 2022). "Kemenkumham minta masyarakat pahami isi KUHP sebelum kritik". Antara News. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  17. 1 2 Media, Kompas Cyber (16 December 2022). "Hanya Satpol PP di Aceh Berhak Razia Perzinaan jika KUHP Diberlakukan". KOMPAS.com (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  18. ↑ "Mahfud MD: WNA ke RI Tak Bawa Keluarga dan Berzina, Siapa yang Adukan?". kumparan (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  19. ↑ "Pasal Kumpul Kebo dalam KUHP Disebut Tak Langgar HAM". Asumsi (in Indonesian). 14 June 2022. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  20. ↑ "Pasal Zina KUHP: Satpol PP Tak Bisa Asal Gerebek Pasangan Check In". pramborsfm. 19 December 2022. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  21. ↑ antaranews.com (14 December 2022). "Wamenkumham: Pasal kesusilaan di KUHP untuk melindungi masyarakat". Antara News. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  22. ↑ detikcom, Tim (7 December 2022). "Kapolri: Agus Sujatno Pelaku Bom Bunuh Diri di Astana Anyar Terafiliasi JAD". detiknews (in Indonesian). Retrieved 7 December 2022.
  23. ↑ "Kapolri: Pelaku Bom Polsek Astana Anyar Terafiliasi JAD Jawa Barat". CNN Indonesia (in Indonesian). 7 December 2022. Retrieved 7 December 2022.
  24. ↑ Alhamidi, RIfat (7 December 2022). "Tampang Agus Sujatno Pelaku Bom Bunuh Diri di Polsek Astana Anyar". detiknews (in Indonesian). Retrieved 7 December 2022.
  25. ↑ Wamad, Sudirman. "Bomber Polsek Astana Anyar Bawa Belasan Lembar Kertas Tolak KUHP". detikjatim (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  26. ↑ "Isi Ayat Quran Di Motor Terduga Pelaku Bom Astana Anyar: Perangilah Orang yang Tidak Beriman Kepada Allah". TvOne (in Indonesian). Retrieved 23 January 2023.
  27. ↑ ID, Republika. "UU KUHP Memicu Reaksi Asing | Republika ID". republika.id. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  28. ↑ Media, Kompas Cyber (21 December 2022). "Uni Eropa Nyatakan Keprihatinan atas KUHP Baru Indonesia". KOMPAS.com (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  29. ↑ Media, Kompas Cyber (16 December 2022). "KSP Bantah UU KUHP Baru Bertentangan dengan Demokrasi". KOMPAS.com (in Indonesian). Archived from the original on 5 January 2023. Retrieved 5 January 2023.
  30. ↑ "Tanggapi Kritik Asing Terhadap KUHP, Wamenkumham: Jangan Dibanding-bandingkan". Republika Online (in Indonesian). 14 December 2022. Archived from the original on 5 January 2023. Retrieved 5 January 2023.
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