Indonesia
The justice system of Indonesia
A unitary decentralised republic under the 1945 Constitution, with new national codes from 2026 and one bounded Islamic-criminal-law autonomy in Aceh.
Facts on this page were checked against their sources on .
Indonesia is a unitary decentralised state (Pasal 1(1) and Pasal 18): the provinces and their regional governments handle local administration, but the courts, prosecution, police and prisons are all national. New national codes are now in force — the State Secretariat records that the Criminal Code (KUHP, Law 1/2023) and a new Criminal Procedure Code (KUHAP, Law 20/2025) both took effect on 2 January 2026, replacing the Dutch-colonial Wetboek van Strafrecht.
The same idea, explained generally
- What is justice?
Justice is the principle that people should be treated according to rules that apply equally to everyone, decided by bodies that are authorised, constrained, and answerable. This guide explains what that means institutionally.
- What is the rule of law?
The rule of law is the principle that everyone, including the government, is subject to law that is public, applied equally, and interpreted by independent courts. This guide explains what it requires and what it does not.
- What do courts do?
Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.
Sources
Sources
Constitution of the Republic of Indonesia 1945 (UUD 1945, as amended 1999–2002)
Mahkamah Konstitusi Republik Indonesia (Constitutional Court of Indonesia) · Legislation · 1945 · link verified 2026-07-27
The 1945 Constitution (UUD 1945, as amended in four rounds 1999–2002), confirmed against the Constitutional Court and other official hosts in two independent passes. Supports Pasal 1(1) ("The State of Indonesia is a unitary state in the form of a Republic"); Pasal 18 (the unitary state is divided into provinces, regencies and cities with regional governments); Pasal 24(1) ("The judicial power is an independent power to administer justice"); Pasal 24(2) (judicial power is exercised by a Mahkamah Agung over the general, religious, military and administrative court environments, and by a Mahkamah Konstitusi); Pasal 24B (the Judicial Commission, Komisi Yudisial); and Pasal 24C (the Constitutional Court reviews the constitutionality of statutes at first and final instance). Establishes the unitary state, the national judiciary, and the dual-apex court structure.
Sekretariat Negara Republik Indonesia (setneg.go.id) · Government publication · 2026-01-02 · link verified 2026-07-27
The State Secretariat's announcement, confirmed in two independent passes (and corroborated by the Supreme Court), that the Government officially brought into force, on 2 January 2026, both the national Criminal Code (KUHP, Law No. 1 of 2023 — replacing the Dutch-colonial Wetboek van Strafrecht) and a new Criminal Procedure Code (KUHAP, Law No. 20 of 2025). Establishes the two enacted, now-in-force national codes.
Law No. 11 of 2006 on the Governing of Aceh, and Qanun Aceh No. 6 of 2014 (Hukum Jinayat)
Pemerintah Republik Indonesia / Pemerintah Aceh (via official hosts) · Legislation · 2006 · link verified 2026-07-27
Law No. 11 of 2006 on the Governing of Aceh (following the 2005 Helsinki peace agreement) and Qanun Aceh No. 6 of 2014 (Hukum Jinayat, the Islamic criminal by-law), confirmed in two independent passes. Supports that the Province of Aceh exercises a statutory special-autonomy grant to apply Islamic criminal law (qanun jinayat) to Muslims in Aceh through the Sharia courts (Mahkamah Syar'iyah) — which remain part of the national religious-court environment under the Supreme Court. Establishes Aceh as a bounded special-autonomy feature within the unitary state, not a federal transfer of the justice function.