CRIMINAL LAW

Take a deep dive into Indonesia's

All information is based from December 16, 2025

Criminal law, or Hukum Pidana in Indonesia..

person holding pencil near laptop computer
person holding pencil near laptop computer

encompasses the rules determining prohibited actions considered crimes and the penalties imposed on those who violate the Criminal Code (Kitab Undang-Undang Hukum Pidana or KUHP). The KUHP underlines the rules to maintain social order, protect individual rights, prevent crimes, and provide a means of punishing those who violate the law.

  • The current Indonesian Criminal Code (KUHP) is rooted in the Dutch colonial-era Wetboek van Strafrecht (WvS) of 1918.

  • Following Indonesia's independence, this code served as the foundation for the nation's criminal law.

  • Over the years, ongoing efforts have aimed to reform and modernize the legal framework.

    • Latest modernization: Law No. 1 of 2023, which introduces a new National Criminal Code that replaces the colonial legacy.

  • Purpose of the new code: Better align with Indonesia’s national values and contemporary societal needs.

  1. Legality Principle: No one can be punished unless their act is clearly criminalized by law beforehand

  2. Territorial Principle: Criminal law is based on state sovereignty, where they are obliged to guarantee legal order and have the right to impose penalties on anyone who commits a crime within its territory.

    1. Article 4 of Law 1/2023: Criminal provisions in the law apply to anyone who commits:

      1. Criminal acts in Indonesia

      2. Criminal acts on Indonesian ships or aircraft

      3. Criminal acts in the field of information technology that occur in Indonesia

  3. Nationality Principle: Indonesian citizens can be prosecuted for certain crimes committed abroad.

  4. Accountability Principle: A person can only be punished if the crime was done intentionally or negligently and they were capable of taking responsibility.

  5. Protection Principle/Passive National: Indonesia can prosecute foreign nationals who commit crimes abroad, if the victim is an Indonesian citizen or if the crime harms Indonesian national interests.

woman in gold dress holding sword figurine
woman in gold dress holding sword figurine

background/historical overview

key principles

brown concrete pillars indoors
brown concrete pillars indoors

Indonesia implements the Juvenile Criminal Justice System which is Undang-Undang Sistem Peradilan Pidana Anak (UU SPPA), specifically Law No. 11 of 2012 that is relevant to Indonesian youth as it governs the specific punishments for crimes conducted by those under 18 year olds.

UU SPPA is a comprehensive law that is the juvenile court law of Indonesia that establishes a separate legal system for children who are in conflict with the law.

relevance to the youth

Age of Criminal Responsibility

The minimum age for criminal responsibility is 12-14 years old, where those under 14 can only have actions imposed, such as a warning, however for those aged 14-18 years old can be affected in punishments, rehabilitation, and imprisonment may happen.

Punishments for Children (14-18)

  • Warning (Pidana Peringatan)

  • Conditional Sentence (Pidana dengan syarat)

    1. Community service, outside-institution supervision, etc

  • Work training

  • In-institution guidance

  • Imprisonment (applied at the last resort, and maximum of half the adult term)

  • Diversion is mandatory, where the maximum threat of imprisonment has to be less than 7 years

  • Children must be separated from adults during the process, including detention and conviction.

  • Children have the rights to legal aid, non-violent treatment, recreation, and are protected from the death penalty or life imprisonment.

  • Focuses on rehabilitation and protection of the child’s welfare, where imprisonment is the last resort.

Special Rules

What is

uu sppa?

all about uu sppa: Indonesia's juvenile criminal justice system

library shelf near black wooden ladder
library shelf near black wooden ladder
man writing on paper
man writing on paper

Youth-Related Criminal Law Cases in Indonesia

This section presents a list of criminal law case examples involving youth in Indonesia to illustrate how legal provisions are applied in practice.

man on black cruiser motorcycle in highway
man on black cruiser motorcycle in highway

A 15 year old teenager stealing a motorcycle (2025)

A teenage student was arrested by Lamongan police after being caught trying to steal a motorcycle in Kedungasri, Kembangbahu District on January 1 2025. Under UU SPPA, he is processed through the juvenile justice system, which may apply diversion or rehabilitation rather than adult penalties.

a person playing a video game on a laptop
a person playing a video game on a laptop

14 Year Old Girl Kills Friend Over Online Game Dispute (Makassar, 2024).

A 14-year-old girl fatally stabbed her friend after a fight related to an online game. This incident happened inside a minimarket in Makassar. Because she is under 15, she cannot receive imprisonment under UU SPPA. Instead, the court imposed institutional guidance and rehabilitation measures, not adult level punishment.

silhouette of 2 men standing on field during sunset
silhouette of 2 men standing on field during sunset

Teen Street Fight in Jakarta (2023)

A group of teenagers were involved in a late-night fight in Kebayoran Lama which resulted in one victim being fatally stabbed. Multiple teens from ages 14-17 were arrested. Although murder normally carries heavy penalties, minors receive reduced sentences (maximum half the adult term) and mandatory diversion reviews under UU SPPA.

Further Readings

Works Cited

Image Credits