Welcoming the Criminal Law Revolution: Challenges and Prospects for the Implementation of the 2026 National Criminal Code

The enactment of Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) marks a new chapter in the history of Indonesian criminal law. This regulation will come into effect on January 2, 2026, and marks a major shift from a retributive system to a restorative and rehabilitative one. Paradigm Shift: From Retributive to Restorative The determination of the purpose of punishment in Article 51 of the National Criminal Code reflects the spirit of establishing legal certainty in the criminal process as an advancement from the Wetboek van Strafrecht (WvS or Old Criminal Code). In this article, the objectives of criminal punishment are stated as follows: “To prevent the commission of criminal acts by enforcing legal norms for the protection and care of society; To socialize convicts by providing guidance and mentoring to become good and useful individuals; To resolve conflicts arising from criminal acts, restore balance, and foster a sense of security and peace in society; and To foster a sense of remorse and absolve convicts of guilt.” The objectives in letter c align with several Supreme Court (MA) policies encouraging a shift towards restorative justice. The MA had also established guidelines for the implementation of restorative justice before the enactment of the National Criminal Code in Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice (Perma 1/2024). Indonesian legal observers have also highlighted the importance of the objectives of criminal punishment and the determination of considerations in sentencing, as stipulated in Article 54 of the National Criminal Code. These provisions provide more judicial pardon tools to achieve restorative justice. Increasing Legal Certainty and Strengthening National Security The new fine mechanism, as stipulated in Article 79 of the National Criminal Code, increases legal certainty in determining fines that can be adjusted to economic and monetary changes. The calculation of criminal fines is formulated in the explanation of Article 79 of the National Criminal Code as follows: “The determination of the levels of categories I to VIII is calculated as follows: The maximum fine for the lightest category (category I) is a multiple of 20 (twenty) of the general minimum. For category II, it is a multiple of 10 (ten) times category I; for category III, it is a multiple of 5 (five) times category II; and for category IV, it is a multiple of 4 (four) times category I. For categories V to VIII, it is determined by dividing the highest category using the same pattern: category VII is the result of 10 (ten) from category VIII, category VI is the result of 2.5 (two point five) from category VII, and category V is the result of 2 (two) from category VI.” Furthermore, the National Criminal Code provides legal certainty regarding various national security issues. The controversy surrounding the adoption of Decree of the People’s Consultative Assembly (MPRS) XXV/MPRS/1966 in Article 188 of the National Criminal Code, concerning the criminalization of the spread of communist/Marxist-Leninist teachings or other ideologies contrary to Pancasila, has confirmed political experts’ observations that Indonesia restricts the movement of political ideologies that could harm democracy. However, legal experts argue that protecting the nation’s fundamental ideology, such as Pancasila, is logical because the National Criminal Code affirms legal certainty, stating that movements that promote the dissolution of the state should be punished. The National Criminal Code also provides legal certainty by reinforcing various regulations regarding public order. For example, the criminal provisions for carrying firearms and sharp weapons without authorization in Articles 306-307 of the National Criminal Code clarify similar regulations established decades ago in Emergency Law Number 12 of 1951. Impact and Challenges of the Transition of Law Enforcement Towards 2026 Officials must understand the contents of the National Criminal Code to anticipate the shifting paradigm of law enforcement. Police, prosecutors, and judges are now required to become facilitators of social recovery. They must be able to mediate between perpetrators and victims and utilize non-litigation mechanisms such as diversion. A current challenge that can be anticipated together is the formulation of the Draft Criminal Procedure Code (RUU KUHAP). The latest criminal procedure code should be consistent with the National Criminal Code. Heated discussions continue among experts regarding the synchronization of the National Criminal Code with the Draft KUHAP. Alternative sentences in the National Criminal Code have the potential to reduce overcrowding in correctional institutions because non-imprisonment penalties such as fines, community service, and supervision are considered principal penalties. This provides space to resolve problems without ending up in prison. The benefits of the restorative justice system in this regard have been widely studied in drug-related crimes. Legal experts have even observed that the application of restorative justice in drug cases has proven more effective.