Borobudur Law and Society Journal
Vol. 4 No. 6 (2025)

Harmonising Indonesia’s New Criminal Code and Code of Criminal Procedure: Rights, Restorative Justice and Institutional Coordination

Raihati, Cahyakemala (Unknown)
Lestari, Marcella Ayu (Unknown)
Apriliyanti, Tiara (Unknown)
Maulana, Aby (Unknown)



Article Info

Publish Date
30 Nov 2025

Abstract

Indonesia’s new Criminal Code (Law No 1 of 2023) and new Code of Criminal Procedure (Law No 20 of 2025) have both applied since 2 January 2026, so harmonisation is no longer a reform proposal but a question of how two codes enacted at different times operate together. This normative study asks how the substantive and procedural codes fit one another, what legal and practical obstacles their joint application creates, and what measures can reduce them. Using statutory, conceptual and analytical approaches, it examines the two codes, the adjustment law of 2026, the Supreme Court’s transitional guidance and recent scholarship, and tests the rules against legality, due process, proportionality and accountability. The study finds that the codes are linked mainly through restorative justice, sentencing alternatives, the transitional rule favouring the defendant and the allocation of investigative authority. It identifies four obstacles: thresholds and transitional rules that can be read differently, procedural gaps for new sentencing forms, overlapping investigative roles, and weak judicial control over coercive measures. It recommends implementing regulations, uniform case-handling standards, an integrated case-management system and judicial warrants, and it separates legal inference from empirical claims about implementation.

Copyrights © 2025






Journal Info

Abbrev

blastal

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Borobudur Law and Society Journal (BLASTAL) is a Journal of Legal Studies published by Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes six times a year. The scopes of BLASTAL, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental ...