The new KUHP and KUHAP took effect on 2 January 2026, and Indonesian companies are still working through what changed. The short version: corporate criminal liability is no longer scattered across sectoral statutes — it now sits inside the general criminal code, with successor liability provisions that follow through mergers, demergers, and consolidations. Combined with the 2025 SOE Law amendments — which created BP BUMN, reshaped BUMN governance, and reinforced the business judgment rule — Indonesian corporations, and BUMN in particular, are operating under a materially different liability regime than they were eighteen months ago.

For BUMN navigating the current streamlining and consolidation agenda, the intersection of these two reforms is where the real work is. Successor liability does not extinguish through restructuring. The business judgment rule protects decision-makers, but only when the decision-making architecture is built to invoke it. Each major corporate action under the streamlining programme now sits at the centre of that intersection.

This is the substantive question last week’s Seminar Nasional — “Manajemen Risiko dalam Streamlining Bisnis BUMN di Era KUHP dan KUHAP Baru”, convened by ILUNI UI and IA-ITB through Makara Policy Hub — was built to address. Not a survey of the new codes, but a working session for boards, general counsel, and decision-makers on how the two reforms interact in practice.

UMBRA contributed to two sessions:

Melati Siregar, our Senior Partner, joined Session 1 on corporate criminal liability under the new codes — how conduct gets attributed to the corporation, how attribution can be challenged, and what KUHAP’s new criminal resolution mechanisms mean for companies under investigation.

Pramudya A. Oktavinanda, our Managing Partner and Chairman of ILUNI UI, led Session 2 on BUMN governance and legal risk mitigation under the new SOE Law — structuring considerations for streamlining transactions, the authorities that matter, and where the law actually protects decision-makers when corporate actions are tested.

Thanks to Makara Policy Hub, ILUNI UI, and IA-ITB for organizing. More to come on this front.

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FEATURED LAWYERS

Pramudya A. Oktavinanda
Managing Partner

pramoctavy@umbra.law

Melati Siregar
Senior Partner

melati@umbra.law