Civil Organizations Declare a Legal Emergency in Indonesia
On January 2, 2026, a new version of the Indonesian Penal Code (KUHP) and Criminal Procedure Code (KUHAP) comes into effect. This initiative has sparked significant concern among civil society organizations, represented by a coalition including YLBHI, LBH Jakarta, and Amnesty International Indonesia. According to the coalition, these laws pose risks to civil liberties and human rights by expanding law enforcement powers without adequate judicial oversight. Concerns are heightened by the government’s corruption, incompetence, and authoritarian tendencies. Human rights activist Muhammad Isnur highlighted the high levels of violence by law enforcement and instances of wrongful prosecution. The new law allows police to detain, search, and confiscate without court sanction, based on subjective interpretations. These changes violate fundamental citizens’ rights and the principles of the rule of law, turning the legal system into an instrument of power. The coalition insists that the president take temporary measures to delay the laws’ implementation and ensure transparent public participation in their discussion. Former Attorney General Marzuki Darusman emphasized that the legal system should protect citizens from state arbitrariness, but the new laws lead to the opposite situation. He proposed challenging these legislative changes in the Constitutional Court, as they contradict the Indonesian Constitution. Overall, these legislative changes threaten citizens’ social and economic rights and lead to increased authoritarianism.
