By: David Dwira )*
The new Criminal Procedure Code (KUHAP) was ratified by the Indonesian House of Representatives (DPR RI) at the 18th Plenary Session of the Second Session of the 2025–2026 Session Year, marking the birth of a new phase in the reform of Indonesia’s criminal justice system. This step is not merely a technical update to a regulation that is more than four decades old, but reflects the state’s seriousness in strengthening the rule of law, increasing citizen protection, and ensuring that the legal process can be more transparent, accountable, and relevant to the challenges of modern democracy, including in the implementation of regional elections (Pilkada), which require strong legal certainty.
This political decision demonstrates the state’s commitment to improving the legal system as a primary foundation for maintaining the stability and legitimacy of the democratic process, particularly amidst increasingly complex local political dynamics. The reform of the Criminal Procedure Code (KUHAP) has been highlighted because the previous regulations are deemed incapable of meeting the needs of the times.
Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, emphasized that this revision represents a significant milestone, having undergone a lengthy deliberation process, involving various public input, and aimed at providing substantial justice for every citizen. He believes that the new Criminal Procedure Code (KUHAP) will strengthen the position of criminal procedural law, which has long been the primary instrument in ensuring that law enforcement processes proceed according to the principle of due process of law. This affirmation demonstrates the state’s strong commitment to protecting individual rights while still prioritizing the public interest and the effectiveness of law enforcement.
One of the fundamental changes in the new Criminal Procedure Code is the affirmation that detention is no longer based on investigators’ subjectivity, but rather on measurable, objective indicators. This reform is crucial to prevent abuse of authority and ensure that the legal process is not used arbitrarily against the public. At the same time, the mandatory use of video recordings during examinations is a significant breakthrough in ensuring that acts of intimidation or torture can be systematically prevented. This provision reflects the state’s commitment to the non-negotiable principles of human rights.
On the other hand, seizure and search mechanisms have been strengthened through stricter and more transparent regulations. Every action by authorities must have a clear legal basis, auditable control mechanisms, and stricter oversight. Strengthening the role of advocates is also part of this reform, with the reaffirmation of the right to legal representation for suspects and witnesses. These steps demonstrate a paradigm shift in the Indonesian justice system, which now prioritizes openness, accountability, and protection for all parties involved in the legal process.
Vulnerable groups such as people with disabilities, women, and the elderly also receive more specific attention in the new Criminal Procedure Code. Commission III ensures that technical regulations for investigations and examinations must consider special needs and guarantee fair and humane treatment. This approach is crucial to ensuring that the law is inclusive and does not create bias against certain groups. Furthermore, strengthening pretrial mechanisms and restorative justice provides a new foundation for more proportional case resolution and prioritizes recovery.
From an academic perspective, Abdul Chair Ramadhan, Chairman of the Indonesian Postgraduate Law Doctoral Association (PEDPHI), expressed his assessment that the new Criminal Procedure Code (KUHAP) possesses strong elements of legal certainty, procedural and substantive justice. He assessed that the substance of the draft KUHAP has undergone comprehensive public review and is designed to provide a more optimal criminal justice system. His view emphasized that delaying the KUHAP reform has the potential to create legal uncertainty and harm the public, especially in the context of resolving cases that require more modern legal regulations. His presence as an academic voice reinforces that the KUHAP reform is an appropriate strategic step and should not be delayed.
The ratification of the new Criminal Procedure Code (KUHAP) also has strategic implications for the implementation of regional elections. Every regional head election requires legal instruments capable of preventing the abuse of the legal process for political gain, avoiding the criminalization of candidates or volunteers, and ensuring that all citizens can exercise their right to vote without disproportionate legal pressure. The presence of a more objective and transparent KUHAP will minimize the scope for political friction that could undermine the integrity of the elections. Amid increasing local political competition, legal certainty is a key prerequisite for holding peaceful, honest, and just elections.
The existence of stronger pretrial mechanisms, strict oversight of detention processes, and protection for vulnerable groups can be important pillars of local democratic processes. Thus, regional elections will not only be a platform for political contestation but also a demonstration of the state’s maturity in providing a democratic space free from legal manipulation. These reforms can also increase public trust in legal institutions, which have often been the focus of attention in regional political contests.
Ultimately, the reform of the Criminal Procedure Code (KUHAP) represents a long-term investment in the quality of democracy and the future of law enforcement in Indonesia. This reform emphasizes that the criminal justice system must not lag behind developments in society, technology, and political dynamics. In the context of regional elections, which demand legal certainty, transparency, and protection of citizens’ political rights, the new KUHAP is expected to be an instrument that supports the creation of healthy competition and strong regional government legitimacy. Therefore, the DPR RI’s move is not merely a regulatory revision, but a crucial foundation for Indonesia’s future democratic journey.
)* The author is a legal observer