The implementation of the new Criminal Code (KUHP) or Law Number 1 of 2023 was the highlight of the defamation trial against the defendant Budi which was held at the North Jakarta District Court, Tuesday (27/1). This case has given rise to legal debate regarding the applicability of new criminal regulations in the ongoing prosecution process.
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The polemic arose when the Public Prosecutor asked the panel of judges to reject the defendant’s objection and continue the trial. This attitude was questioned by the defendant’s attorney who believed that the prosecution should no longer have a legal basis since the new Criminal Code officially came into effect on January 2 2026.
Budi’s attorney, Faomasi Laia, argued that the provisions in the new Criminal Code set a time limit for prosecution which made his client’s case null and void. He also highlighted the principle of applying criminal law that is more profitable for the defendant, which should be a reference in the regulatory transition period.
On this basis, the legal team urges the President, Commission III of the DPR, the Ministry of Law and Human Rights, as well as the Attorney General’s internal supervisory staff to pay close attention to the handling of this case. They assess that there are indications of neglect of the latest legal regulations which actually have the potential to reduce the enthusiasm for national criminal law reform.
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According to Faomasi, the enactment of the new Criminal Code should be a stepping stone for law enforcement officials to carry out the legal process in a more humane and fair manner. Non-compliance with the transition rules is considered to be able to set a bad precedent in future law enforcement.
This case itself started with a dispute between Budi and the reporter named Suhari alias Aoh. During the trial, the defendant stated that the actions in question were a form of self-defense after he and his family received threats and harassment.
Referring to the provisions of the new Criminal Code, the attorney assessed that this act fell into the category of self-defense to defend honor, so it did not meet the elements of a crime. Apart from that, this case was previously attempted to be resolved peacefully, before being processed again at the initiative of the reporter in July 2025.
This trial was also an initial test of the implementation of the new Criminal Code, especially regarding the consistency of law enforcement officials in implementing the updated legal norms.