By: Juana Syahril)*
The enactment of the new Criminal Procedure Code (KUHAP) under Law Number 20 of 2025 marks an important milestone in strengthening the protection of citizens’ rights through a more accountable criminal justice system. Coinciding with the entry into force of the National Criminal Code (KUHP) on January 2, 2026, the KUHAP reform signifies the state’s commitment to reinforcing judicial oversight and expanding pretrial mechanisms as instruments for supervising the authority of law enforcement officials.
Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, stated that the renewal of the KUHAP is an integral part of the broader agenda of national criminal law reform. The new KUHAP is designed to meet the needs of a modern justice system that places human rights as its primary foundation, while ensuring that law enforcement processes are conducted transparently, professionally, and accountably.
For more than four decades, Indonesia’s criminal procedure system relied on Law Number 8 of 1981, which was enacted within the political and legal context of the New Order era. Along with democratic development and the strengthening of constitutional principles following the amendments to the 1945 Constitution of the Republic of Indonesia, the old KUHAP has been considered insufficient in providing adequate oversight of investigative and prosecutorial actions. The reform of the KUHAP serves as a response to this need.
One of the main substantive changes in the new KUHAP is the strengthening of judicial oversight throughout all stages of the criminal justice process. The role of judges is expanded not only as adjudicators in court, but also as supervisors who ensure that law enforcement actions do not exceed their lawful authority. In this way, the principle of due process of law is further guaranteed, and the potential for violations of citizens’ rights can be minimized from the earliest stages of legal proceedings.
The pretrial mechanism under the new KUHAP is also reinforced and clarified. Pretrial proceedings are no longer understood narrowly, but rather as an effective means for citizens to test the legality of actions taken by investigators and public prosecutors. Through this strengthening, every act of arrest, detention, search, and seizure can be objectively reviewed before a judge, thereby creating a balance between the interests of law enforcement and the protection of individual rights.
The KUHAP reform also emphasizes transparency and accountability in the investigation process. The use of technology, including visual recordings during examinations, becomes an important instrument to ensure that procedures are conducted professionally and free from abuse of authority. This step also serves to enhance public trust in law enforcement agencies and judicial institutions.
In terms of the protection of victims and witnesses, the new KUHAP introduces more comprehensive regulations. Victims’ rights are no longer positioned marginally, but are recognized as an essential part of the criminal justice system. Provisions regarding restitution and compensation are clarified, ensuring that the legal process is not solely oriented toward perpetrators, but also toward fair and proportional victim recovery.
The strengthening of the KUHAP cannot be separated from the reform of the National Criminal Code, which comes into force at the same time. The new KUHP shifts the paradigm of punishment from a retributive approach toward a restorative one. This shift requires aligned procedural law so that law enforcement processes can realize substantive justice while comprehensively safeguarding human rights.
The government has also prepared supporting regulatory frameworks to ensure the effective implementation of the KUHAP. The drafting of dozens of government regulations, one presidential regulation, and various technical rules forms part of a measured transition strategy. The principle of non-retroactivity is maintained to provide legal certainty, so that cases occurring before January 2, 2026, continue to be processed under the previous provisions.
From an academic perspective, Professor Harris Arthur Hedar of Makassar State University stated that the enactment of the new KUHAP places Indonesia in a phase of fundamental legal transformation. This reform affects not only normative aspects, but also the structure and culture of law, particularly in the relationship between the state and citizens before the law.
According to him, the strengthening of judicial oversight and pretrial mechanisms constitutes a key element in the decolonization of Indonesia’s criminal law. A legal system that was previously repressive in nature is now being directed toward a more participatory, balanced approach oriented toward the protection of citizens’ rights. This transformation is seen as crucial in addressing the challenges of a modern justice system, including the problem of overcrowding in correctional facilities.
With the entry into force of the new KUHAP, Indonesia’s criminal justice system is expected to better guarantee both procedural and substantive justice. This reform serves as an important foundation for law enforcement with integrity, strengthening judicial oversight, and ensuring that pretrial mechanisms truly function as safeguards of citizens’ rights within a democratic rule-of-law state.
The reinforcement of judicial oversight in the new KUHAP also affirms the position of judges as guardians of the balance between state power and citizens’ rights. With clearer supervisory authority, judges have a strategic role in ensuring that every action taken by law enforcement officials has a lawful and proportional basis. This, in turn, encourages the development of a more orderly, professional law enforcement culture that respects the principles of the rule of law.
Moreover, the KUHAP reform opens wider space for public participation in overseeing the criminal justice process. The strengthened pretrial mechanism promotes greater legal awareness among the public to use constitutional channels in defending their rights. Thus, the new KUHAP functions not only as a technical instrument of law enforcement, but also as a means of legal education that reinforces public trust in the national justice system.
*) The author is a student from Bogor residing in Jakarta.