Universitas Gadjah Mada (UGM) and the Expertise Body of the Indonesian House of Representatives (BK DPR RI) have agreed to collaborate to implement the tri-dharma of higher education and provide expertise to support the DPR RI’s tasks and functions.
The BK DPR RI is disseminating Law No. 1 of 2023 concerning the Criminal Code (KUHP), which has been revised and will take effect in January 2026.
This collaboration also extends the partnerships established between BK DPR RI and UGM’s Faculty of Law, Faculty of Economics and Business, and Faculty of Social and Political Sciences since 2017.
The signing of the Memorandum of Understanding (MoU), conducted by UGM Rector Professor Ova Emilia and the Head of BK DPR RI Dr. Inosentius Samsul on Friday, Dec. 6, 2024, at UGM’s Central Office, was followed by a focus group discussion (FGD).
The FGD, themed “Reforming Criminal Law in Indonesia: Welcoming the Implementation of Law No. 1 of 2023 on the Criminal Code,” aimed to disseminate the 2023 Criminal Code to serve as a guideline, especially for law enforcement officers such as investigators, prosecutors, lawyers, judges, and society in general, in anticipation of the implementation of the 2023 KUHP.
UGM Rector Professor Ova Emilia warmly welcomed the renewal of collaboration between the two institutions.
She expressed hope that this partnership would optimize the potential of both parties, ensuring that the synergy generated would bring broader benefits to the nation and Indonesian society.
“We also have a strong alumni network that I believe can accelerate and expand the dissemination of the 2023 KUHP materials discussed today,” Rector Emilia stated.
She emphasized that disseminating Law No. 1 of 2023 on the Criminal Code is not only for academic and political interests but also for realizing justice, legal certainty, and societal benefits.
“Hopefully, the signing of the MoU, followed by the FGD session on the implementation of the Criminal Code, will yield impactful results for all of us,” she concluded.
In his remarks, the head of BK DPR RI, Dr. Inosentius Samsul, stated that this collaboration is part of developing strategic partnerships to provide substantive support, which is the main task of BK DPR RI.
“Our tagline is bridging the research to the roles and functions of parliament; we want to connect academic research activities to the political realm, so we greatly need UGM’s support,” he explained.
Dr. Samsul further explained the importance of holding the FGD now, as it marks the final stages before implementing Law No. 1 of 2023 on the Criminal Code.
The process includes revisions to avoid misinterpretations.
“There’s a lot of preparation needed, and with only one year left, we hope to finalize everything before Jan. 1, 2026. These improvements will serve as input to the Legislative Body and Commission III of the DPR,” he concluded.
After the MoU signing, the FGD was conducted with four speakers discussing various aspects of the 2023 KUHP. Professor Harkristuti Harkrisnowo, a criminal law professor at the University of Indonesia, elaborated on the new paradigm of crime and punishment in the 2023 KUHP.
She highlighted the need to address overcrowding in correctional facilities through changes in sentencing rules.
Sentences and measures should differ for adults, children, and corporations.
“Remember, punishment is not meant to degrade or demean human dignity, so when there’s a conflict between law and justice, justice must take precedence,” she explained.
Dr. Jufrina Rizal, an academic from the University of Indonesia, discussed preparing regulations and implementing “living law” in the new Criminal Code. She emphasized that a legal provision could only be considered “living law” if it is scientifically proven to be practiced in society.
“Local law enforcement should not incorporate provisions into regional regulations without scientific evidence. Criminal resolution must adopt restorative justice, involving perpetrators, victims, families, traditional leaders, and stakeholders,” Dr. Rizal stated.
Meanwhile, Dr. Yenti Garnasih, an expert in money laundering law, explained the concept of corporate crime and liability in the 2023 KUHP.
She agreed that punishment types must differ for individuals and corporations.
Additional sanctions for corporations may include restitution, corrective actions, fulfillment of neglected obligations, confiscation of criminally obtained goods, and, in extreme cases, corporate dissolution.
“The 2023 KUHP addresses corporate crime specifically in Chapter 27, covering offenses such as fraud against creditors, corruption, and money laundering,” stated Dr. Garnasih, Indonesia’s first doctor of money laundering law.
Before the discussion session, UGM criminal law professor Edwar Omar Sharif Hiariej, currently serving as Deputy Minister of Law and Human Rights, discussed transforming advocates’ and society’s roles in implementing the 2023 KUHP.
He highlighted that the new Criminal Code offers advocates opportunities to focus on restoration and human rights protection rather than solely on punishment.
“The KUHP introduces significant reforms across many areas, from cybercrime regulations to restorative justice approaches, aligning the law with modern times,” he added.
From the FGD, BK DPR RI expressed hope that the event would produce a policy paper in the form of proceedings containing materials presented by the speakers.
This would ensure the necessary revisions to the 2023 KUHP are completed before its enforcement on Jan. 1, 2026.
Author: Triya Andriyani
Post-editor: Lintang Andwyna Nurseisa Azrien
Photographer: Donnie