Human Rights in the New Criminal Code: Progress or Regression?

Abstract

This paper critically examines the recently enacted Indonesian Criminal Code (RKUHP) and its implications for human rights protections in the country. The revised code, which came into force in January 2026, has sparked significant controversy and debate. Proponents argue that the new code brings necessary legal reforms to the Indonesian legal system, while critics contend that it introduces several regressive provisions that threaten fundamental freedoms. This study assesses key areas of concern, including the re-criminalization of certain behaviors, such as cohabitation outside of marriage, defamation of the president, and blasphemy, which have been widely criticized for restricting freedom of expression, privacy, and religious freedom. The paper also explores the broader political and social contexts that led to the passage of the new code, highlighting the influence of conservative religious groups and the impact of political compromises. Drawing on both legal analysis and empirical data, the research investigates whether the RKUHP represents progress in terms of modernizing Indonesia’s legal system or if it signifies a dangerous regression in human rights protections. The paper concludes by exploring potential avenues for reform to ensure that the new criminal code aligns with Indonesia's human rights obligations.