Researchers from IJRS, along with PERADI and LBH Masyarakat, attended an invitation from the British Embassy Jakarta as speakers in a thematic discussion titled “Implementation of the New KUHP and KUHAP and Its Relevance to Consular Work.” The event took place at Novotel Bogor Golf Resort & Convention Center on Wednesday, 22 January 2026.
This discussion aims to socialise a general understanding of both the new Indonesian Criminal Code (KUHP 2023) and Criminal Procedure Code (KUHAP 2025), particularly provisions that have a direct impact on foreign nationals (WNA) residing in Indonesia which may affect the work of foreign embassies in Indonesia (consular work).
The discussion consists of three sessions:
- Session 1 (Indonesia Judicial Research Society (IJRS)): An introduction to the new KUHP and KUHAP; alternative sanctions to imprisonment (non-incarceration punishments); out-of-court case resolution (out-of-court settlement); and the guilty plea mechanism (plead guilty).
- Session 2 (PERADI): Criminal provisions related to freedom of expression, hate speech, the ITE Law, offences concerning insults to religion, and other similar offences.
- Session 3 (LBH Masyarakat): Adultery offences, cohabitation, morality offences, “living law” (hukum yang hidup dalam masyarakat), and the death penalty.
Key points presented by IJRS:
Alternative Sanctions to Imprisonment (Non-Incarceration Punishments)
Aditya Weriansyah explained the types of non-custodial criminal sanctions regulated under the new KUHP and the Sentencing Adjustment Law (2026), including fines (Articles 71 and 78–84 of KUHP 2023), probation/supervision (Articles 75–77 of KUHP 2023 and the 2026 implementing regulation), and community service (Article 85 of KUHP 2023). He also highlighted the purpose of alternative sanctions—namely, reducing prison overcrowding and minimising the harmful impacts of short-term imprisonment.
Out-of-Court Case Resolution (Out of Court Settlement)
Saffah Salisa Az-zahro’ presented models of out-of-court settlement for individual offenders, including “restorative justice mechanism” (which, in theory, aligns with diversion through penal mediation) and voluntary payment of the maximum fine for minor offences (afkoop) (KUHAP 2025 Articles 24(2)(i)–(j) and 71(2)(e)–(f); KUHP 2023 Article 132(1)(d)–(e)). Matheus Nathanael then explained out-of-court resolution models for corporate offenders, such as settlement fines (schikking) (KUHAP 2025 Article 66; HPP Law 2021 Articles 44B and 64) and Deferred Prosecution Agreements (KUHAP 2025 Article 328).
Guilty Plea Mechanism (Plead Guilty)
Matheus Nathanael provided an in-depth overview of the guilty plea mechanism (KUHAP 2025 Articles 78 and 234), as well as settlement efforts during trial proceedings (KUHAP 2025 Articles 204–205). This session also explained the opportunities and challenges in implementing these new criminal procedure mechanisms under the new procedural laws.
A lack of knowledge and limited access for foreign nationals to these new KUHP and KUHAP provisions may jeopardise the protection of their legal interests and rights. For this reason, the discussion also featured practical reflections from speakers on strategies in regards to protecting the rights of individuals in conflict with the law, including anticipating potential risks of authority abuse in future court practices.
You can read more detail about this discussion here:
