The Draft Law on Criminal Procedures Answers the Challenges of the Age of Criminal Procedure Law
By: Rivka Mayangsari*)
The Draft Law on Criminal Procedures Law (RUU KUHAP) is currently attracting public attention and legal circles in Indonesia. Efforts to reform the KUHAP are considered very crucial to answer various challenges of the times, including in adjusting the national criminal justice system to technological developments and increasingly complex demands for human rights protection. The preparation of the RUU KUHAP is an answer to the need for modern, fair law that supports the rights of every citizen.
In an important meeting involving the Regional Police Chief, the High Prosecutor’s Office, the High Court, the DIY BNNP, and academics from Gadjah Mada University (UGM), Deputy Chairperson of Commission III of the Indonesian House of Representatives, Sari Yuliati, said that the revision of Law Number 8 of 1981 concerning the KUHAP is very important, considering that the regulation has been in effect for more than 40 years and is considered no longer adequate in facing contemporary legal challenges, especially in terms of protecting human rights and enforcing justice.
Sari also explained that the Criminal Procedure Code Bill currently being discussed in the Indonesian House of Representatives is not only focused on updating procedural aspects, but is designed to strengthen protection for all parties in the criminal justice process. This includes protection for suspects, defendants, convicts, witnesses, and victims, including vulnerable groups such as people with disabilities.
She said that the draft law also touches on improving the coercive mechanism, increasing coordination between investigators and public prosecutors, and strengthening the role of pretrial as a form of supervision of potential abuse of authority by law enforcement officers.
Furthermore, Sari said that this bill prioritizes the principles of restorative justice and transparency in the legal process, which are considered concrete steps to build a more humane, just, and accountable criminal law system.
Meanwhile, the Chief Justice of the Supreme Court, Sunarto, said that one of the biggest challenges in revising the Criminal Procedure Code is the impact of the industrial revolutions 4.0 and 5.0. He explained that the 4.0 revolution is marked by the dominance of the Internet of Things (IoT), while the 5.0 revolution involves collaboration between humans and robotic technology.
Sunarto assessed that the Criminal Procedure Code Bill needs to be an instrument of criminal procedure law that guarantees the supremacy of law, protection of the rights of every citizen, and encourages the realization of transparent, fair, and adaptive justice to the development of the times.
He also said that this legal update is not only a normative improvement, but must be able to be a concrete solution to various contemporary legal problems, including cybercrime and the integration of technology in the justice system.
In line with that, a legal academic from Pamulang University, Bima Guntara, assessed that the urgency of updating the Criminal Procedure Code is very important, especially because on January 2, 2026, the National Criminal Code will be enforced. Therefore, according to him, criminal procedure law as a formal law must be updated in order to accommodate the needs of new material law.
Bima explained that the Criminal Procedure Code is different from the Criminal Code because the Criminal Procedure Code regulates the criminal justice process, while the Criminal Code regulates the types of criminal acts. He emphasized that the Criminal Procedure Code is the operational legal basis for law enforcement officers such as the police, prosecutors, and courts in exercising their authority.
He also said that the KUHAP update must reflect procedural justice, such as protection of the suspect’s rights to legal assistance, access to advocates, and limitations on detention time. In addition, he emphasized the importance of openness and transparency in the legal process so that the public can monitor the course of justice and prevent potential abuse of power.
According to Bima, substantial justice also needs to be the main focus, namely that court decisions must be truly based on existing facts and evidence, not just administrative formalities. He added that the judiciary must ensure independence and effectiveness in carrying out its judicial role.
On the other hand, he emphasized that the KUHAP Bill must be aligned with the spirit of the new National Criminal Code, which prioritizes the principles of restorative justice, a rehabilitative approach, and respect for and protection of human rights.
With support from various stakeholders, from the legislature, judiciary, to academics, the KUHAP update is a strategic momentum to strengthen the criminal procedure law system in Indonesia. This bill is expected not only to be a normative update, but also as a representation of the face of national law that is responsive, adaptive, and supports social justice in the era of digital transformation.
The government together with the Indonesian House of Representatives are expected to complete the discussion of the Criminal Procedure Code Bill in a timely manner, in order to ensure the implementation of a proper criminal justice system.g modern, transparent, and upholds the constitutional rights of every citizen.
As part of national legal reform, the Criminal Procedure Code Bill is also expected to be able to increase public trust in law enforcement institutions. By making accountability and accessibility the main principles, this reform becomes an important foundation for the development of a judiciary with integrity and inclusiveness. Civil society participation in monitoring and providing input on the legislative process is also a vital element so that this bill truly reflects the legal needs of the dynamic and diverse Indonesian people.
*) Legal observer
