Jakarta – The government is urging the public to fully understand the substance of the new Criminal Procedure Code (KUHAP) and to avoid being easily influenced by false information or disinformation circulating in the public sphere.
The new KUHAP was drafted openly, involving multiple parties, and oriented towards strengthening human rights and legal justice.
Minister of Law Supratman Andi Agtas emphasized that the new KUHAP will come into effect on January 2, 2025, coinciding with the enactment of the new Criminal Code (KUHP).
According to him, national legal readiness is now more complete because both material and formal legal aspects have been prepared simultaneously.
“With our Criminal Code coming into effect in 2026, on January 2, the KUHAP is now also ready. So automatically, both the material and formal legal aspects are ready,” said Supratman.
He explained that, in general, the new Criminal Procedure Code will take effect immediately and is currently awaiting its promulgation. The government is also preparing several government regulations (PP) as derivative regulations to ensure the effective and consistent implementation of the new Criminal Procedure Code.
Amidst this process, Supratman reminded the public not to easily believe hoaxes or misleading narratives regarding the new Criminal Procedure Code.
He emphasized that various circulating issues had been clarified directly by the Chairman of Commission III of the Indonesian House of Representatives (DPR RI), as the party involved in drafting the regulation.
“The drafting of this Criminal Procedure Code has involved various groups and various universities in Indonesia. There are indeed those who agree and those who disagree, which is normal in a democracy,” he said.
Supratman emphasized that, in substance, the new Criminal Procedure Code has three main principles.
“In general, this new Criminal Procedure Code prioritizes the protection of human rights, the second focuses on restorative justice, and the third provides certainty regarding and expands the scope of pre-trial proceedings,” Supratman said.
Similarly, the Chairman of Commission III of the Indonesian House of Representatives (DPR RI), Habiburokhman, assessed that a number of criticisms of the Criminal Procedure Code (KUHAP) and the new Criminal Code (KUHP) often stem from misunderstandings.
He cited Article 436 of the Criminal Code, which frequently raises public concerns, as an example.
Habiburokhman emphasized that this article is not a new regulation, but rather an adoption of Article 315 of the old Criminal Code, which has long been in effect in the Indonesian criminal justice system.
The difference is that the new Criminal Procedure Code and KUHAP now come with a stronger spirit of justice and human rights protection.
“Essentially, the new Criminal Procedure Code and KUHAP maximally prevent innocent people from being punished, including people who are simply joking around by calling their friends animals,” said Habiburokhman.
The government hopes the public will view the new Criminal Procedure Code objectively and holistically and understand that this legal reform is an effort to strengthen citizen protection.
With proper understanding, the new Criminal Procedure Code is expected to become the foundation of a criminal justice system that is fairer, more humane, and oriented towards legal certainty.
[edRW]