Jakarta – The government has emphasized that digitalization of the judiciary is a key pillar in the implementation of the new Criminal Procedure Code (KUHAP). This regulatory update is considered a crucial opportunity for comprehensively modernizing the criminal justice system, while also addressing public demands for a more transparent, efficient, and accountable legal process.
By strengthening the use of information technology, the government hopes that the Indonesian justice system will be able to transform towards more modern and adaptive governance.
Deputy Minister of Law (Wamenkum), Edward Omar Sharif Hiariej (Eddy Hiariej) said, the new Criminal Procedure Code was designed as a criminal procedure legal framework that is more modern, more accountable, and more adaptive to technological developments and law enforcement practices.
One of the most significant changes is the increase in the number of acts categorized as coercive measures. While the 1981 Criminal Procedure Code only recognized five types of coercive measures, the 2025 Criminal Procedure Code now regulates nine.
Eddy explained that the addition was made to provide certainty and stronger oversight of the actions of law enforcement officers during the investigation process.
“This exists as a form of oversight of coercive measures, as the new Criminal Procedure Code recognizes nine coercive measures,” said Eddy.
Eddy reminded that the old Criminal Procedure Code only regulated arrests, detention, searches, confiscations and examination of documents.
“According to the old Criminal Procedure Code, there are five coercive measures, namely arrest, detention, search, seizure, and document inspection,” said Eddy.
The four new coercive measures now included in the Criminal Procedure Code are the determination of suspects, blocking, wiretapping, and prohibitions on traveling abroad.
“Four new ones are added: the determination of a suspect is a coercive measure. Second, blocking is also a coercive measure. Third, wiretapping is a coercive measure. And fourth, prohibiting people from traveling abroad is also a coercive measure,” Eddy explained.
By including these four acts as coercive measures, the new Criminal Procedure Code requires that these acts be within a clear legal framework and can be tested through pre-trial mechanisms, thus providing stronger control space for both the courts and civil society.
Another equally important change is the addition of subjective requirements for detention. Previously, Article 21 of the Criminal Procedure Code recognized three categories of requirements: subjective, objective, and formal completeness. However, the new Criminal Procedure Code adds another element to the subjective requirements.
“We know that the detention requirements under Article 21 of the Criminal Procedure Code (KUHAP) include subjective requirements, objective requirements, and formal requirements. Now, in this new KUHAP, these subjective requirements have been added,” Eddy explained.
These additional conditions are expected to provide clearer limits on investigators’ considerations when making detentions.
“So, not only are there concerns about fleeing, destroying evidence, or repeating the crime, but there are also several additional conditions that will certainly be the object of a pretrial hearing,” said Eddy.
Eddy emphasized that the drafting of the new Criminal Procedure Code was carried out carefully, involving a team of experts, and was carried out by taking into account the current dynamics of law enforcement.
Through the digital transformation of the Criminal Procedure Code (KUHAP), the government is optimistic that the Indonesian justice system will become stronger, more credible, and more capable of providing better legal certainty for the public.