Episode Description
On January 2nd, 2026, Indonesia entered what officials are calling a "new era" of criminal justice. The country implemented a completely new Criminal code – KUHP - and a new Criminal Procedure Code—known as KUHAP—that changes what counts as a crime and how crimes are identified, investigated and punished.
The government says this marks a shift toward "restorative justice" that prioritizes rehabilitation over punishment. Officials describe it as "more humane, modern, and just". But civil society groups are sounding the alarm. They're calling the new law "draconian and illiberal"—and potentially worse than the system it replaces.
At the heart of the controversy: police can still arrest and detain people without a warrant and Amnesty International has identified 88 articles that could be used to silence critics and criminalize peaceful dissent.
So which is it? A historic reform that modernises the Indonesian justice, or a step backward that gives authorities concerning new powers? In this episode, we're speaking with a legal expert who's been following this law since its drafting.
Maidina Rahmawati has over 8 years of experience in criminal justice reform advocacy. She is a certified advocate/litigator and mediator, and currently serves as the Deputy Director of the Institute for Criminal Justice Reform (ICJR). Mai holds a Master of Laws from the University of New South Wales, specialising in Criminal Justice and Human Rights. She is newly appointed as a lecturer in Criminal Law and Human Rights at Atma Jaya University Jakarta and in Criminal Law in the undergraduate Criminology program at the University of Indonesia (UI).
The government says this marks a shift toward "restorative justice" that prioritizes rehabilitation over punishment. Officials describe it as "more humane, modern, and just". But civil society groups are sounding the alarm. They're calling the new law "draconian and illiberal"—and potentially worse than the system it replaces.
At the heart of the controversy: police can still arrest and detain people without a warrant and Amnesty International has identified 88 articles that could be used to silence critics and criminalize peaceful dissent.
So which is it? A historic reform that modernises the Indonesian justice, or a step backward that gives authorities concerning new powers? In this episode, we're speaking with a legal expert who's been following this law since its drafting.
Maidina Rahmawati has over 8 years of experience in criminal justice reform advocacy. She is a certified advocate/litigator and mediator, and currently serves as the Deputy Director of the Institute for Criminal Justice Reform (ICJR). Mai holds a Master of Laws from the University of New South Wales, specialising in Criminal Justice and Human Rights. She is newly appointed as a lecturer in Criminal Law and Human Rights at Atma Jaya University Jakarta and in Criminal Law in the undergraduate Criminology program at the University of Indonesia (UI).