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Repealed Laws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