By: Haikal Restu Putra )*
The enactment of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) is considered a constitutional step in restructuring the national legal system. The government and the House of Representatives (DPR) view these reforms as a serious effort to ensure that Indonesian criminal law aligns with the principles of the rule of law, the protection of human rights, and the values of Pancasila, the foundation of national life.
Adang Daradjatun, a member of Commission III of the Indonesian House of Representatives (DPR RI), assessed that the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) reflect legal reform that prioritizes humanity and justice. He argued that national criminal law no longer relies on a colonial paradigm that emphasizes retribution, but instead focuses on rehabilitation, education, and prevention.
The criminal justice system has been expanded with alternative non-imprisonment sanctions, such as community service, allowing judges more discretion in issuing decisions based on the context of the case. This approach is considered consistent with constitutional values that uphold human dignity. Not all legal issues must end in imprisonment, as in many cases a more contextual approach actually brings a more tangible sense of justice to the community. Therefore, the reform of the Criminal Code is seen as an important correction to criminal justice practices that have been deemed rigid and lacking in adaptability.
In terms of procedural law, the new Criminal Procedure Code (KUHAP) also demonstrates significant adjustments to constitutional principles. The House of Representatives (DPR) has placed special emphasis on strengthening the protection of suspects’ rights from the early stages of the legal process. The new regulations affirm the right to legal counsel from the initial examination, strengthen the role of advocates, and promote oversight mechanisms to prevent abuse of authority. This step is seen as a systematic effort to ensure that the judicial process is conducted in accordance with the principle of due process of law.
The reforms to the Criminal Code and Criminal Procedure Code are not intended to weaken law enforcement. Rather, these reforms are aimed at strengthening the legitimacy of the criminal justice system by ensuring that all actions by law enforcement officers are within the bounds of human rights. We commend Commission III of the Indonesian House of Representatives (DPR RI) for continuing to oversee the implementation of these two laws to ensure that the spirit of legal reform is truly realized in practice.
The ratification of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) is considered a milestone in Indonesian legal reform. After more than a century of using colonial-era criminal law, Indonesia finally has a national criminal law system structured around the needs and values of its own society. The revisions are considered crucial to address long-standing criticisms regarding the imbalance between legal certainty and substantive justice. The new Criminal Code adopts a dualistic principle that places the perpetrator’s mental state as a crucial element in sentencing. With this approach, judges are no longer solely focused on fulfilling the elements of a criminal act but can also more comprehensively consider the intent, context, and impact of the act. This approach is considered more progressive and in line with the spirit of the constitution, which places justice as the primary goal of law.
Furthermore, the new Criminal Code (KUHP) opens up opportunities for the application of forgiveness and restorative justice. This principle allows for a more humane resolution of cases, particularly in certain cases where justice has been difficult under the old system. The restorative approach is considered to provide space for the restoration of social relations without neglecting legal interests. In the context of procedural law, the new Criminal Procedure Code (KUHAP) is considered a major breakthrough in closing loopholes for human rights violations during the investigation process.
The provision of legal assistance from the outset, along with oversight mechanisms such as the use of CCTV, is designed to ensure that suspects are free from intimidation and violence. Investigators who violate these provisions can also be subject to multiple sanctions, ranging from ethical to criminal, thereby further strengthening the accountability of officers. Commission III of the House of Representatives (DPR) considers several past cases to be important lessons that encourage criminal law reform. Various incidents that have triggered public feelings of injustice demonstrate the need for a legal system that is more sensitive to citizens’ rights. The new Criminal Code and Criminal Procedure Code are expected to be the answer to this demand for justice.
The enactment of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) represents a historic milestone in national legal reform. He views these regulations as part of the process of democratization and legal harmonization to better align with Pancasila values and local wisdom. Legal reform is considered a crucial prerequisite for creating a just and beneficial legal system for the people. The legislative process requires considerable time and in-depth research. Dialogue with the public, alignment of views between the House of Representatives (DPR) and the government, and thorough review are crucial to ensuring the quality and constitutionality of the resulting laws. Therefore, the DPR’s oversight function is directed at ensuring optimal implementation of laws and alignment with the objectives of national legal reform.
Overall, the adjustments to the Criminal Code and Criminal Procedure Code are considered to reflect the government and the House of Representatives’ commitment to developing a criminal justice system that aligns with constitutional values. With a more humane, just, and accountable approach, these reforms are expected to strengthen public trust and ensure the law truly protects all citizens.
)* Contributor to the Indonesian Strategic Information Study Institute