Legal Implications of the New Indonesian Penal Code (KUHP) on Civil Liberties

Abstract

The enactment of the new Indonesian Penal Code (Kitab Undang-Undang Hukum Pidana, KUHP) marks a significant transformation in the legal landscape of Indonesia. This research explores the legal implications of the new KUHP, particularly its impact on civil liberties within the framework of constitutional rights and individual freedoms. The study critically examines how the revised provisions may influence the exercise of civil liberties such as freedom of speech, privacy, and the right to fair trial. By assessing key articles within the new code and their potential consequences for both citizens and legal practitioners, this research evaluates whether the KUHP strikes an appropriate balance between upholding national security and respecting fundamental human rights. Through a comparative analysis with international legal standards, the study highlights areas of concern, such as the potential for overreach in criminalizing certain acts and the risk of undermining constitutional safeguards. The findings aim to contribute to the ongoing discourse on the protection of civil liberties in Indonesia’s evolving legal system, providing insights into the broader implications for democracy and human rights in the country.