KUHP Series 01: Criminal Offences Against State Security and the Authority of Government

1. Introduction

1.1 Background

On 2 January 2023, Indonesia enacted Law Number 1 of 2023 on the Criminal Code (“KUHP 1/2023”), which took effect on 2 January 2026. This law replaces the previous Criminal Code (“Old KUHP”), which had been in force since 1918. Through this new regulation, the legislature restructures the national criminal law by referring to Pancasila and the 1945 Constitution of the Republic of Indonesia, while also taking into account the protection of human rights and the need for legal certainty.

The reform of substantive criminal law is accompanied by the renewal of criminal procedural law through Law Number 20 of 2025 on the Criminal Procedure Code (“KUHAP 20/2025”), enacted on 17 December 2025 and effective as of 2 January 2026, replacing Law Number 8 of 1981 on Criminal Procedure (“KUHAP 8/1981”). In addition, the legislature enacted Law Number 1 of 2026 on Sentencing Adjustments (“Law 1/2026”), which has been effective since 2 January 2026 to harmonize sentencing provisions in various laws with those contained in KUHP 1/2023.

As of 2 January 2026, these three laws apply concurrently. Their implementation governs substantive criminal law, criminal procedural law, and sentencing provisions to ensure legal certainty, justice, and the protection of human rights as formulated in each respective law.

1.2 Identification of Issues

Book Two of KUHP 1/2023 regulates criminal offences relating to state security and the authority of government, including offences against state ideology, treason, offences against the honor of the President and/or Vice President designated as complaint-based offences, offences against friendly states, offences against the lawful government, acts obstructing meetings of state institutions, and the dissemination of false information resulting in public disorder. These provisions apply concurrently with KUHAP 20/2025, which regulates criminal law enforcement procedures, including the designation of suspects, the use of coercive measures, detention, and case resolution mechanisms as provided by law. These provisions relate to the application of substantive criminal law and criminal procedural law to offences concerning state security and the authority of government at the stages of investigation, prosecution, and court examination.

1.3 Purpose

This article aims to analyze and explain the regulation of criminal offences relating to state security and the authority of government under KUHP 1/2023 and the implementation of sentencing provisions under Law 1/2026.

 

2. Criminal Offences Against State Ideology

2.1 Dissemination of Teachings Contrary to Pancasila

Article 188 paragraph (1) of KUHP 1/2023 prohibits any person from disseminating or developing the teachings of Communism/Marxism-Leninism or other ideologies contrary to Pancasila. This prohibition applies where the act is committed publicly, whether orally or in writing, including through any media accessible to the public, and is punishable by imprisonment for a maximum of 4 (four) years. The requirement that the act be committed publicly limits the application of this article to actions carried out in public spaces or in contexts accessible to the broader community and does not extend to acts conducted in private settings or limited closed discussions.

2.2 The Phrase “Other Ideologies” in Article 188 of KUHP 1/2023

The Elucidation of Article 188 of KUHP 1/2023 provides that the phrase “other ideologies” refers to ideologies aimed at altering or replacing Pancasila as the foundation of the state. This phrase did not exist in the Old KUHP; therefore, its application depends upon the fulfillment of the elements formulated in the law. This provision limits the designation of a suspect to acts that fulfill the elements of the criminal offence as formulated in Article 188 of KUHP 1/2023. Investigators are required to base their assessment on relevant evidence, including expert testimony where necessary, to determine whether the act constitutes conduct “contrary to Pancasila” or falls outside the scope of criminal liability.

2.3 Academic Study

Article 188 paragraph (6) of KUHP 1/2023 provides that a person conducting a study of the teachings of Communism/Marxism-Leninism or other ideologies for academic purposes shall not be subject to criminal punishment. This provision limits the application of Article 188 to acts that fulfill the elements of a criminal offence and excludes academic activities undertaken for scholarly research.

In implementing this provision, law enforcement authorities must distinguish between acts aimed at altering or replacing the foundation of the state and academic research activities.

2.4 Criminal Sanctions

Article 189 of KUHP 1/2023 provides for criminal sanctions against any person who establishes an organization known or reasonably suspected to adhere to the teachings of Communism/Marxism-Leninism or other ideologies contrary to Pancasila. It also provides sanctions for establishing relations with, providing assistance to, or receiving assistance from organizations, whether domestic or foreign, known or reasonably suspected to adhere to such teachings, with the intent of altering the foundation of the state or overthrowing the government. Such acts are punishable by imprisonment for a maximum of 10 (ten) years.

Furthermore, Article 190 of KUHP 1/2023 provides criminal sanctions against any person who publicly declares, whether orally, in writing, or through any media, an intention to abolish or replace Pancasila as the foundation of the state. Such acts are punishable by imprisonment for a maximum of 5 (five) years. If the act results in public disorder or property damage, the maximum penalty increases to 10 (ten) years. If the disorder results in serious injury, the maximum penalty is 12 (twelve) years, and if it results in death, the maximum penalty is 15 (fifteen) years.

 

3. Criminal Offence of Treason

3.1 Definition of Treason

KUHP 1/2023 regulates the criminal offence of treason under Articles 191 to 196. Article 160 defines treason as the intent to carry out an attack that has been manifested through preparation for such act. Law enforcement authorities are not required to wait until the “attack” has actually occurred or been completed. The existence of preparation (as regulated in Article 15) to carry out a physical attack is sufficient to establish the offence of treason. Article 192 regulates treason committed with the intent that part or all of the territory of the Unitary State of the Republic of Indonesia fall under foreign control or secede from the Unitary State of the Republic of Indonesia.

3.2 Comparison between Article 160 of KUHP 1/2023 and Article 87 of the Old KUHP

 

3.3 Other Forms of Conduct and Criminal Liability

In addition to the offence regulated under Article 192 of KUHP 1/2023, Article 196 of KUHP 1/2023 in conjunction with Law 1/2026 regulates conspiracy or preparation to commit treason. This provision establishes that parties committing such acts may be held criminally liable provided that the statutory elements are fulfilled. Through this regulation, KUHP 1/2023 enables law enforcement against acts related to treason, subject to proof of the fulfilment of the statutory elements of the offence.

 

4. Criminal Offences Against State Security

4.1 Acts Endangering State Security Prior to a State of War

Articles 197 to 199 of KUHP 1/2023 regulate acts that endanger state security prior to the occurrence of a state of war or open hostilities. These provisions cover acts that weaken national defense interests, harm the state’s position in international relations, or provide advantages to foreign parties that may threaten state security. Through this regulation, law enforcement may take action against conduct that endangers state security at an early stage, without the need to wait for the occurrence of armed conflict or direct acts of sabotage.

4.2 Criminal Offences Relating to Relations with Foreign States and Wartime Conditions

Article 200 of the Criminal Code (KUHP) 1/2023 regulates acts that endanger the neutrality of the State in a war that does not involve Indonesia, which are punishable by imprisonment for a maximum of 7 (seven) years. Furthermore, KUHP 1/2023 stipulates a prohibition against recruiting or encouraging Indonesian citizens to become members of a foreign military without prior authorization from the Government. This provision is set out in Article 201 of KUHP 1/2023. Any violation of this provision is subject to a maximum penalty of 2 (two) years’ imprisonment or a fine not exceeding Category III (Rp50,000,000.00). In addition, Article 203 paragraph (1) letter a provides that any person who establishes relations with a foreign state or foreign organization with the intent to induce it to commit hostile acts or to wage war against the Unitary State of the Republic of Indonesia shall be subject to imprisonment for a maximum of 12 (twelve) years.

4.3 Sabotage Against National Security and Defense

KUHP 1/2023 regulates the criminal offence of sabotage as acts of damaging, destroying, or disabling objects related to national defense and security interests. The provisions concerning sabotage are regulated under Articles 210 to 216 of KUHP 1/2023, covering sabotage against strategic installations, supply facilities, defense support facilities, and other objects having an essential function for state security. These provisions also include acts of providing, allocating, or assisting funding for sabotage, thereby ensuring that criminal liability applies not only to principal perpetrators but also to parties who support the commission of sabotage.

 

5. Criminal Offences Against the Dignity of the President and Vice President

5.1 Attack on the Honor of the President and Vice President

Article 218 paragraph (1) of KUHP 1/2023 prohibits any person from publicly attacking the honor or dignity of the President or Vice President, punishable by imprisonment for a maximum of 3 (three) years. This includes acts of broadcasting or disseminating content containing such attacks as regulated under Article 219 of KUHP 1/2023, which carries a maximum penalty of 4 (four) years’ imprisonment. This provision differs from the previous regulation in the Old KUHP, which stipulated a maximum imprisonment of 6 (six) years. Article 218 paragraph (2) of KUHP 1/2023 provides that such acts shall not be punishable if committed in the public interest or in self-defense. Accordingly, criminal liability arises only where the act does not fall within the statutory exceptions.

5.2 Constitutional Court Decision on the Presidential Insult Provisions

In Decision Number 013-022/PUU-IV/2006, the Constitutional Court held that within Indonesia’s constitutional system, the President is a public official who derives authority from the people. The Court considered that the provisions concerning insult against the President in the Old KUHP were contrary to the 1945 Constitution of the Republic of Indonesia because they created legal uncertainty and violated the principle of equality before the law. Based on this reasoning, the Court declared Articles 134, 136 bis, and 137 of the Old KUHP to have no binding legal force.

In contrast, KUHP 1/2023 re-regulates attacks against the honor or dignity of the President and/or Vice President using a different formulation. The term “insult” is replaced with “attack on honor or dignity,” and the offence is designated as a complaint-based offence.

5.3 Complaint-Based Offence

Article 220 of KUHP 1/2023 stipulates that prosecution for the offence of attacking the honor or dignity of the President and/or Vice President may only be initiated upon a written complaint submitted by the President or Vice President concerned. Previously, under the Old KUHP, insult against the President constituted an ordinary offence, allowing law enforcement authorities to proceed without a complaint pursuant to KUHAP 8/1981. Following the entry into force of KUHP 1/2023 and KUHAP 20/2025, law enforcement authorities may only proceed after receiving a written complaint.

 

6. Criminal Offences Against Friendly States

6.1 Attack on the Honor of a Friendly State’s Head of State

Article 226 of KUHP 1/2023 prohibits any person from attacking the honor or dignity of the head of a friendly state or the representative of a friendly state present in Indonesia, punishable by imprisonment for a maximum of 2 (two) years. Article 231 of KUHP 1/2023 provides that any person who desecrates the national flag of a friendly state shall be subject to imprisonment for a maximum of 2 (two) years.

6.2 Distinction Between Attack on Honor and Policy Criticism

The application of the provisions concerning attacks on the honor of a friendly state’s head of state must be clearly distinguished from the expression of opinions or criticism regarding the policies of a friendly state. Criticism of a foreign state’s policies, including through demonstrations, statements of position, or other forms of expression, does not fall within the scope of an attack on honor as referred to in Article 226 of KUHP 1/2023.

6.3 Other Acts Harmful to Friendly States

In addition to attacks on the honor of a friendly state’s head of state, KUHP 1/2023 regulates several other criminal offences relating to friendly states under Articles 221 to 225, as follows:

1. Article 221 of KUHP 1/2023 regulates treason committed with the intent to separate all or part of the territory of a friendly state from the authority of that state’s government. This act is punishable by imprisonment for a maximum of 4 (four) years or a fine of up to Category V in the amount of Rp500,000,000.00 (five hundred million rupiah).
2. Article 222 of KUHP 1/2023 regulates treason committed with the intent unlawfully to abolish or alter the form of government existing in a friendly state. This act is punishable by imprisonment for a maximum of 3 (three) years and 6 (six) months or a fine of up to Category IV in the amount of Rp200,000,000.00 (two hundred million rupiah).
3. Article 223 of KUHP 1/2023 regulates conspiracy and preparatory acts to commit offences as referred to in Articles 221 and 222. Such conspiracy and preparatory acts are punishable in accordance with statutory provisions.
4. Article 224 of KUHP 1/2023 regulates treason committed with the intent to kill or deprive the liberty of the head of a friendly state. This act is punishable by imprisonment for a maximum of 12 (twelve) years.
5. Article 225 of KUHP 1/2023 regulates acts of assault against the person of the head of a friendly state or the deputy head of a friendly state not subject to more severe criminal provisions. Such acts are punishable by imprisonment for a maximum of 3 (three) years and 6 (six) months.

6.4 Complaint-Based Offence

Article 229 of KUHP 1/2023 provides that prosecution for criminal offences relating to friendly states may only be initiated upon a complaint from the head of the friendly state or the representative concerned. Such complaint shall be submitted through the government of the friendly state to the Government of Indonesia in accordance with statutory provisions.

 

7. Criminal Offences Against the Conduct of Meetings of Legislative Institutions and Government Bodies

7.1 Dissolution and Coercion in Meetings

Article 232 of KUHP 1/2023 regulates offences committed by any person who, by violence or threat of violence, dissolves a meeting of a legislative institution and/or government body, compels such institution and/or body to adopt or refrain from adopting a decision, or expels the chairperson or members of the meeting. Such acts are punishable by imprisonment for a maximum of 6 (six) years. The principal element of this provision lies in the use of violence or threat of violence directly affecting the conduct of the meeting or the freedom of the institution in decision-making.

7.2 Obstruction of Attendance and Conduct of Meetings

Article 233 of KUHP 1/2023 regulates acts committed by any person who, by violence or threat of violence, obstructs the chairperson or members of a legislative institution and/or government body from attending a meeting or performing their duties freely and without interference in such meeting. This act is punishable by imprisonment for a maximum of 3 (three) years or a fine up to Category III. This provision safeguards the freedom of institutional leaders and members to carry out their functions without coercive pressure or interference.

 

8. Criminal Offences Against the Authority of Government

8.1 Attack on the Lawful Government

Article 240 paragraph (1) of KUHP 1/2023 prohibits any person from publicly, whether orally or in writing, attacking the honor or dignity of the lawful government, punishable by imprisonment for a maximum of 1 (one) year and 6 (six) months. Article 240 paragraph (2) of KUHP 1/2023 provides for an aggravated penalty where the act referred to in paragraph (1) results in public disorder, with a maximum imprisonment of 3 (three) years. This provision requires proof of public disorder as an element of the offence, ensuring that law enforcement focuses not only on the act itself but also on the causal relationship between the act and the resulting disorder.

8.2 Definition of “Government” and Constitutional Court Decision

In Decision Number 6/PUU-V/2007, the Constitutional Court declared that the provisions concerning the dissemination of hatred against the government under Articles 154 and 155 of the Old KUHP were contrary to the 1945 Constitution of the Republic of Indonesia. The Elucidation of Article 240 of KUHP 1/2023 defines “government” as including the President, Vice President, and Ministers. Based on this definition, other state institutions or officials outside this category are not included as parties who may be victims under Article 240 of KUHP 1/2023.

 

9. Criminal Offences of Disseminating False Information and Public Disorder

9.1 Dissemination of False Information Resulting in Public Disorder

Article 263 of KUHP 1/2023 in conjunction with Law 1/2026 prohibits any person from broadcasting or disseminating information or notices known to be false that result in public disorder, punishable by imprisonment for a maximum of 6 (six) years or a fine up to Category V (Rp500,000,000.00). Moreover, Article 264 of KUHP 1/2023 in conjunction with Law 1/2026 prohibits any person from broadcasting uncertain, exaggerated, or incomplete information while knowing that such information may result in public disorder, punishable by imprisonment for a maximum of 2 (two) years or a fine up to Category III (Rp50,000,000.00).

9.2 Comparison with Article 14 of Law 1/1946

Prior to the entry into force of KUHP 1/2023, the regulation concerning the dissemination of false information resulting in public disorder was governed by Law Number 1 of 1946 on Criminal Law Regulations (“Law 1/1946”), particularly Article 14.

10. Closing

The reform of national criminal law, effectively commencing on 2 January 2026 through the entry into force of KUHP 1/2023, KUHAP 20/2025, and Law 1/2026, marks a fundamental shift from colonial legal heritage toward a legal system grounded in Pancasila and the 1945 Constitution of the Republic of Indonesia. The analysis of criminal offences relating to state security and the authority of government demonstrates the legislature’s effort to balance the protection of state interests with guarantees of human rights protection and legal certainty.

Under KUHP 1/2023, the regulation concerning the dissemination of ideologies contrary to Pancasila expressly provides an exception for academic study, thereby preventing the criminalization of scholarly activities. At the same time, KUHP 1/2023 limits the definition of “government” to the central executive branch (President, Vice President, and Ministers), excluding other state institutions. Overall, this new legal framework clarifies the boundaries between legitimate criticism within a democratic state and criminal acts that threaten state sovereignty.

 

References

1. Law Number 1 of 2023 on the Criminal Code.
2. Law Number 8 of 1981 on Criminal Procedure.
3. Law Number 20 of 2025 on the Criminal Procedure Code.
4. Law Number 1 of 2026 on Sentencing Adjustments.
5. Law Number 1 of 1946 on Criminal Law Regulations.
6. Criminal Code (Wetboek van Strafrecht).
7. Constitutional Court Decision Number 013-022/PUU-IV/2006.
8. Constitutional Court Decision Number 6/PUU-V/2007.