New KUHP and KUHAP Transition Period Initiated: New Circular Requires Prosecutors to Handle Criminal Cases More Favorably for Defendants

On 2 January 2026, Law No. 1 of 2023 on the Criminal Law Code (Kitab Undang-Undang Hukum Pidana– “ KUHP ”) (“ New KUHP ”) came into effect, replacing the previous, century-old framework of the Wetboek van Strafrecht (“ Old KUHP ”). Also now in force is Law No. 20 of 2025 on Criminal Procedural Law (Kitab Undang-Undang Hukum Acara Pidana– “ KUHAP ”) (“ New KUHAP ”), which has repealed and replaced Law No. 8 of 1981 on Criminal Procedural Law (“ Old KUHAP ”). [1] The simultaneous introduction of these two frameworks has raised various questions regarding the ways in which criminal law provisions should be applied in cases that are ongoing during this transitional period. [2]