JAKARTA (Bernama): Indonesia’s newly enacted National Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) introduce community service, mediation, and rehabilitation as alternatives to imprisonment.
According to ANTARA News Agency, the new KUHP marks a shift in Indonesia’s criminal justice system from a retributive approach to a restorative one, with greater emphasis on rehabilitation and reconciliation.
In addition to community service and mediation, the code provides for medical or social rehabilitation for narcotics users, a move aimed at easing prison overcrowding.
The newly enacted codes replace long-standing regulations, including provisions inherited from Dutch colonial-era criminal law, marking a significant reform of the South-East Asian nation’s legal landscape.
Meanwhile, the KUHAP strengthens investigative, prosecutorial, and trial procedures by enhancing transparency, safeguarding the rights of victims and witnesses, expanding restitution mechanisms, and incorporating digital systems to improve efficiency.
Both codes are not retrospective, with cases initiated before their enforcement continuing to be governed by the previous laws. - Bernama
