By: Bara Winatha*)
The introduction of the new Criminal Procedure Code (KUHAP) marks a significant milestone in reforming Indonesia’s law enforcement system. This regulation was developed to address various challenges facing legal practice in society, particularly criticism of the legal process, which has been deemed cumbersome, slow, and ineffective in fully protecting human rights. The new KUHAP is expected to provide a more just, transparent, and relevant guideline for modern social conditions and legal developments.
For decades, the old Criminal Procedure Code (KUHAP) served as the basis for implementing criminal procedural law, but it was deemed inadequate to accommodate changing times. Numerous cases demonstrated the unequal relationship between law enforcement officers and citizens in conflict with the law. From arrest and detention to questioning, the process often gave rise to public complaints about potential abuse of authority. The new KUHAP was introduced with the aim of strengthening the principle of due process of law so that every citizen receives equal treatment before the law.
Fachrizal Afandi, Chairman of the Association of Criminal Law and Criminology Lecturers, believes the new Criminal Procedure Code (KUHAP) brings significant changes, offering ample opportunities for strengthening the criminal justice system while also providing room for increased professionalism for advocates. He emphasized that the various updates in the regulation indicate a positive direction for improving criminal procedure law to be more modern and responsive.
This new regulation introduces more detailed and systematic procedural standards to strengthen legal protection for the public from the investigation stage to the trial process.
One of the key changes in the new Criminal Procedure Code is the strengthening of protection for the rights of suspects, defendants, and witnesses. This regulation emphasizes that every person being questioned has the right to receive clear information regarding their legal status, the reasons for their arrest, and the right to legal counsel from the outset of the investigation. This regulation is expected to eliminate arbitrary detention or questioning that violates individuals’ basic rights.
The new Criminal Procedure Code (KUHAP) also promotes professionalism among law enforcement officials by clarifying the boundaries of authority at each stage of the criminal process. Police, prosecutors, and judges are given stricter legal guidelines to ensure law enforcement follows procedures. These standards aim to minimize overlapping authority while strengthening the accountability of law enforcement officials in carrying out their duties. Clear rules are expected to increase public trust in law enforcement institutions.
Furthermore, transparency is a key principle of the new Criminal Procedure Code. The legal process is no longer viewed as a closed-door affair understood only by select groups. The public is encouraged to have easier access to information regarding case developments, as long as it does not violate the presumption of innocence. This transparency allows the public to monitor the legal process, thereby mitigating potential irregularities early on.
Meanwhile, the Chairman of Commission III of the House of Representatives, Habiburokhman, explained that the new Criminal Procedure Code (KUHAP) also incorporates a restorative justice approach in handling certain cases. This approach emphasizes conflict resolution through dialogue and restoring relationships between perpetrators, victims, and the community. For minor cases or those with limited social impact, this mechanism is considered more humane and effective than simply imposing prison sentences. It also serves as a solution to reduce overcrowding in correctional facilities.
From the public’s perspective, the new Criminal Procedure Code (KUHAP) is expected to provide a sense of security and legal certainty. Clearer regulations will enable the public to understand what authorities and individuals may and may not do when facing legal proceedings. Public education is key to ensuring that these new regulations are not merely legal text but are truly understood and felt by all levels of society.
The Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, explained that the ratification of the new Criminal Procedure Code (KUHAP) represents a crucial moment for the government in strengthening the foundations of the national criminal justice system. This update is not only interpreted as a correction of outdated regulations, but also as a step towards legal modernization that affirms the state’s commitment to substantive justice.
According to him, the new Criminal Procedure Code (KUHAP) is designed to create a balance between the authority of law enforcement officers and the protection of citizens’ rights, so that the legal process is no longer merely procedure-oriented but also ensures a sense of justice for all parties. He emphasized that this regulation is expected to address the challenges of law enforcement in the democratic era, increase the professionalism of officers, and strengthen public trust in Indonesia’s criminal justice system.
Ultimately, the new Criminal Procedure Code (KUHAP) is not simply a regulatory update, but rather an effort to build a more just legal culture. The challenge ahead lies in consistent implementation and ongoing oversight. If implemented with a shared commitment between the state, authorities, and the public, the new KUHAP has the potential to introduce more humane, professional, and public-trusted law enforcement standards, the foundation of a strong rule of law.
)* The author is a social and community observer.