New Criminal Code and Procedural Code Seen Ending Colonial Legal Hegemony, Lawyers Claim 11 Privileges
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- Pemberlakuan UU No. 1/2023 dan UU No. 20/2025 disebut menandai berakhirnya dominasi warisan hukum kolonial di Indonesia.
- Paradigma peradilan pidana bergeser ke keadilan restoratif dengan ruang mediasi, kerja sosial, dan pengawasan sebagai alternatif hukuman.
- Kalangan advokat menilai KUHAP anyar memperkuat posisi pembela dengan setidaknya 11 hak istimewa, dari pendampingan awal hingga perluasan praperadilan.
The entry into force of the new National Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) is being described as a turning point for Indonesia's criminal justice system. The chairman of Peradi Bandung's branch board, Mohamad Ali Nurdin, argues that the two new regulations—Law No. 1 of 2023 and Law No. 20 of 2025—are not merely a change of rules but a marker of the end of the colonial legal hegemony that has been entrenched for more than a century.
According to Ali, the most substantive change lies in the shift in the orientation of punishment. If the old regime tended to place retribution as the main goal, the new KUHP-KUHAP puts restorative justice first. "The issuance of the new KUHP and KUHAP has produced a shift in the legal paradigm, from one that tended to smack of revenge to restorative justice," he said on Tuesday (15/9/2026).
The implications for the legal profession cannot be ignored. Ali detailed a number of privileges now attached to the defense profession, from accompanying clients from the earliest stage of interrogation, free communication with clients, routine visits, access to interrogation records, to the right to present experts and access interrogation recordings. The expansion of pretrial hearings and the strengthening of restorative justice mechanisms complete that package of powers.
"With these various privileges, legal assistance provided by lawyers will certainly be more optimal," Ali explained.
On human rights protection, the new regulations tighten the fulfillment of restitution for victims as well as oversight of the legal process for suspects. The principle of due process of law is placed as the main benchmark, not a supplement. For minor offenses, judges now have the option of imposing non-prison sanctions, a breakthrough that could reduce the burden on correctional institutions that have often been over capacity.
However, the effectiveness of the rules does not stop at the text of the law. Ali underlined the importance of massive outreach to all elements of law enforcement and the public. Peradi Bandung's branch board, he said, is actively working with Peradi's national board, academics, and law enforcement officials to hold regular education sessions. "Through massive outreach, the implementation of the new KUHP-KUHAP can certainly be more optimal, both at the law enforcement level and in society. The presence of the National KUHP-KUHAP is our shared dream and pride," he said.
For businesses and investors, the change carries signals worth watching. Legal certainty in corporate criminal disputes, for instance, will depend heavily on how officials interpret the restorative spirit on the ground. If consistent, the investment climate could improve because the resolution of minor cases does not always end in criminalization. Conversely, uneven interpretation between regions could create uncertainty that harms the business world.
The remaining question: how quickly will those eleven lawyer privileges actually be recognized in interrogation rooms, and are law enforcement officials ready to abandon the old mindset that treats suspects as objects, not subjects whose rights are protected?
