Andreas Nathaniel: Indonesia, Criminal Codes and the Philosophy of Criminalisation

Just this year, Indonesia enacted a new Criminal Code (the Kitab Undang-undang Hukum Pidana) that purports to shed its Dutch colonial roots. However, does this Code criminalise conduct in a way that is proportionate? Or does it reach too far into Indonesians’ civil freedoms, “overcriminalising” conduct in an unreasonable way?
In this episode, Just Cause co-director Eamonn Murphy speaks with PhD candidate Andreas Nathaniel about the January 2026 implementation of Indonesia’s criminal code, and how the Code fits within dominant theories of criminalisation. Andreas unpacks the nature of the Code itself, and how it criminalises conduct such as sexual relations and drug use in a way that is not necessarily compatible with typical approaches to criminalisation. We discuss the differences between the previous Dutch colonial code and its new replacement, the inconsistent enforcement of the criminal law by Indonesian authorities, and the possibility of reforming the Code to better serve Indonesians regardless of their social background.
Andreas Nathaniel is a PhD candidate at Sydney Law School, as well as a criminal law lecturer and public policy professional with ten years of experience specializing in the field of Indonesian criminal law and policy. He has an LLM in Criminal Justice and Criminology at UNSW and an LLB from the University of Indonesia, and is interested in the topic of Indonesian anti-corruption policy, judicial sentencing, and corporate crimes.