By: Bara Winatha*)
The update to the Criminal Procedure Code (KUHAP) represents a major step towards increasing transparency, accountability, and protecting citizens’ rights in law enforcement. This regulatory revision is seen as one of the most strategic legal reform agendas, particularly in strengthening public oversight mechanisms and ensuring that all law enforcement officers operate based on the principles of professionalism and respect for human rights. Various groups, from legislative bodies and academics to the legal community, have contributed their ideas to ensure that the new KUHAP is implemented consistently and in accordance with principles of justice.
The Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, stated that the new Criminal Procedure Code (KUHAP) actually reduces the scope for abuse of authority by investigators. This regulation significantly strengthens the position of citizens in all stages of the legal process. Habiburokhman stated that the spirit of the revised KUHAP is not to expand the authority of officers, but rather to create a balance that ensures the rights of citizens, advocates, and parties dealing with law enforcement receive better protection. He considered the ratification of the new KUHAP an important milestone in police reform efforts, as it provides a clearer legal basis for coordination between investigators and increases the space for public control over law enforcement officers.
Meanwhile, Martono Anggusti, Chairman of the Indonesian Association of Doctors of Law at the University of North Sumatra (USU), assessed that the amendments to the Criminal Procedure Code (KUHAP) are not only about updating norms but also test the readiness of all legal institutions to implement them effectively. He explained that Indonesia’s legal structure requires a alignment of understanding between theory and practice. Therefore, this update must serve as a momentum to strengthen the professionalism of law enforcement officers, strengthen coordination mechanisms between law enforcement agencies, and ensure the public understands their rights and applicable procedures.
Meanwhile, Professor of the Faculty of Law at USU, Prof. Ningrum Natasya Sirait, stated that the reform of the new Criminal Procedure Code (KUHAP) must combine the principles of legal certainty, expediency, and a sense of justice. She emphasized that the implementation of the new KUHAP should not only stop at the normative aspect, but must truly reflect the protection of citizens’ rights, both for victims, perpetrators, and the broader public interest. Prof. Natasya assessed the importance of ensuring that this new regulation is accompanied by technical, clear implementing regulations and is able to address the challenges of the modern criminal justice system. According to her, the new KUHAP will be effective if accompanied by increased capacity of law enforcement officers and cross-institutional synchronization.
Various educational activities related to the new Criminal Procedure Code (KUHAP) have been held to strengthen the readiness of all legal stakeholders. Academic forums, professional organizations, and communities of legal practitioners actively hold discussions to address fundamental changes in the regulation—from prosecutorial authority, the application of restorative justice, case resolution mechanisms, to strengthening the role of advocates. Implementation of the new KUHAP requires all parties to understand the stricter, more transparent, and justice-oriented procedures.
One of the key changes in the new Criminal Procedure Code (KUHAP) is the clarification of the coordination and oversight mechanism (korwas) between National Police investigators and specific investigators. Previously, coordination regulations were considered vague, potentially leading to overlapping authority. With the new KUHAP, coordination between investigators has more detailed guidelines, reducing opportunities for abuse of authority and increasing accountability in the investigative process. This update aligns with the government’s efforts to strengthen the professionalism of law enforcement amid the complexities of modern crime.
Furthermore, the new Criminal Procedure Code (KUHAP) provides greater opportunity for the public to monitor the performance of law enforcement officers through the support of advocates. Advocates are positioned as crucial partners in ensuring a balance between the authority of law enforcement officers and the protection of citizens’ rights. Thus, the public is no longer merely an object of law, but also a subject with the capacity to exercise control over the course of the law enforcement process. This strengthening is expected to encourage a more open and accountable criminal justice process.
In a law enforcement context that faces increasingly diverse challenges, ranging from cybercrime and abuse of authority to restorative justice-based case resolution, the new Criminal Procedure Code (KUHAP) provides procedural certainty and a more adaptive framework. It is believed that this KUHAP will strengthen public trust in national legal institutions, which have frequently faced demands for structural and procedural reform.
At the institutional level, the implementation of the new Criminal Procedure Code (KUHAP) encourages synchronized work between the police, prosecutors, judicial institutions, and other law enforcement agencies. Every stage, from investigation and prosecution to trial, is expected to be conducted within a more transparent framework with measurable accountability standards. The government is also ensuring that implementing regulations for the new KUHAP are prepared comprehensively to avoid a legal vacuum when the regulation comes into effect.
The amendments to the Criminal Procedure Code also emphasize the importance of protecting all parties in criminal cases. Victims gain enhanced access to compensation and restitution, while perpetrators are guaranteed basic rights during the legal process. Furthermore, the public interest is also protected through regulations that emphasize effectiveness, efficiency, and clarity in case resolution mechanisms.
Thus, the government ensures that the new Criminal Procedure Code (KUHAP) represents a concrete step towards realizing more transparent, accountable, and equitable law enforcement. This update is expected to serve as a crucial foundation for comprehensive reform of Indonesia’s criminal justice system, while strengthening democracy and protecting citizens’ rights in the future.
*)The author is a social and community observer.
