New Criminal Procedure Code Reinforces State Commitment to Protecting Human Rights in the Judicial Process
By: Bara Winatha )*
The ratification of the new Criminal Procedure Code (KUHAP) is seen as an important milestone in the journey of national legal reform. This update to criminal procedure law is not merely a logical consequence of the enactment of the National Criminal Code (KUHP), but also reflects the state’s commitment to strengthening human rights protection at every stage of the judicial process. Various groups believe that the new KUHAP introduces a more humanistic, accountable, and substantive justice-oriented paradigm, while addressing the complex challenges of law enforcement in the modern era.
Prim Haryadi, Chief Justice of the Criminal Chamber of the Supreme Court of the Republic of Indonesia, stated that the new KUHAP marks a fundamental shift in the state’s approach to the criminal justice process. The update focuses not only on technical procedural aspects but also emphasizes the protection of human rights as the primary foundation of law enforcement. Strengthening the guarantee of rights for suspects, defendants, victims, and witnesses is a key principle of the new Criminal Procedure Code (KUHAP), ensuring that the judicial process is no longer understood solely as a means of punishment, but rather as a mechanism for the pursuit of balanced justice.
In his view, the updated KUHAP also reflects a shift in orientation from merely procedural justice to substantive justice. He believes that criminal procedure law should not stop at fulfilling procedural formalities, but must ensure that each process truly results in justice for the parties. Therefore, the new KUHAP strengthens judicial oversight mechanisms for coercive measures, such as detention, searches, and seizures, to prevent arbitrary execution.
The new KUHAP is considered to open broader space for the application of restorative justice in the criminal justice system. This approach is crucial to addressing the public’s need for case resolution that is not solely repressive, but also considers victim recovery, perpetrator responsibility, and the sustainability of social harmony. In this context, the role of judges becomes increasingly strategic in objectively and fairly assessing the feasibility of implementing restorative justice.
Yusuf Warsim, Secretary General of the Muhammadiyah Student Association Alumni Communication Forum (PP FOKAL IMM), stated that the new Criminal Procedure Code (KUHAP) must be understood as a constitutional instrument to limit state power while guaranteeing the protection of human rights. Criminal procedure law holds a strategic position because it serves as a safeguard that regulates how law enforcement authority is exercised to prevent it from becoming a tool of oppression. The new KUHAP is expected to address the complexities of modern crime without sacrificing human rights principles.
He also emphasized the importance of strengthening the principles of due process of law and the rule of law as the foundation of a democratic state governed by the rule of law. The new KUHAP is expected to provide balanced protection for all parties, both the state and citizens, to prevent imbalances in power relations in the criminal justice process. In this context, expanding control mechanisms against coercive measures is considered a crucial step to prevent abuse of authority.
Furthermore, the increasingly unavoidable challenge of digitalization of justice is the use of technology in the judicial process. The use of technology in the judicial process must be accompanied by strong regulations to prevent violations of privacy and the fundamental rights of citizens. In his view, the new KUHAP must accommodate technological advances without sacrificing the principle of human rights protection.
Meanwhile, the Rector of Muhammadiyah University of Jakarta and Chair of the Central Executive Board of FOKAL IMM, Makmun Murod, believes that the ratification of the new Criminal Procedure Code (KUHAP) should be a crucial momentum to improve the quality of law enforcement and increase public trust in law enforcement institutions, particularly the Indonesian National Police (Polri). He believes that public trust is the primary social capital for successful law enforcement in a democratic country.
One significant advancement in the new KUHAP is the strengthening of human rights protection, including for vulnerable groups who have often been marginalized in law enforcement practices. In many cases, the humanitarian aspect is often overlooked, so the KUHAP reform must be implemented consistently to ensure it does not stop at the normative level.
He also appreciated the strengthening of the role of advocates in the new KUHAP, particularly the right to assistance from the investigation stage. This provision will provide fairer legal protection for every citizen and prevent rights violations in the early stages of law enforcement. Furthermore, regulations regarding transparency in examinations, including the mandatory use of CCTV in examination rooms, are considered a step forward.prevent abuse of authority and ensure the accountability of officers.
However, he emphasized that with the National Police’s position as the primary investigator, the institution must be increasingly open to public criticism and input. Professionalism and accountability must be the primary principles in exercising investigative authority. He also reminded that law enforcement should not depend on whether a case goes viral, as justice must be upheld in every situation without discrimination. The new Criminal Procedure Code (KUHAP) and various derivative regulations can be a means to continuously improve law enforcement institutions.
Overall, the ratification of the new KUHAP is considered to strengthen human rights protection in the judicial process in Indonesia. This reform is expected to build a more transparent, humane, and accountable criminal justice system, while strengthening public trust in the law and judicial institutions. With consistent implementation and strong oversight, the new KUHAP is expected to become a crucial instrument in realizing just and civilized law enforcement in Indonesia.
)* The author is a social and community observer.
