Indonesia has entered an important phase in its legal history with the enactment of the National Criminal Code (KUHP) and the agenda for the renewal of the Criminal Procedure Code (KUHAP) since January 2, 2026. This change is often seen as a symbol of legal decolonization, marking the end of dependence on colonial-era criminal law that is more than a century old.[[ref:1]] This momentum raises optimism that Indonesian criminal law finally has its own face, born from the values and needs of the national community.

However, legal reform is not sufficiently judged by its origins or historical symbolism. This raises the question of whether this new criminal law truly brings substantial changes in the way the state treats its citizens, or merely presents normative reforms without real transformation in practice?

Criminal law has a special character because it is directly related to the use of coercive state power. When the state imposes a sentence, it is not only a person's right to move that is restricted, but also their dignity and fundamental freedoms.[[ref:2]] Therefore, criminal law should not be understood merely as a collection of prohibitions and threats of sanctions, but as a mirror of how the state views its citizens: as subjects to be protected or as objects of control.

From this perspective, criminal law reform should be directed at limiting state power…