By: Andhika Rachma
Indonesia entered a new chapter in the history of national criminal law with the enactment of the new Criminal Procedure Code (KUHAP) in early 2026, simultaneously with the enactment of the previously enacted Criminal Code (KUHP). This momentum is not merely a change in technical norms, but rather a collective commitment built through a process of broad deliberation and the involvement of various elements of society, to realize a criminal justice system that is fairer, more progressive, and more responsive to social dynamics.
The KUHAP revision process, which took place throughout 2025, reflects increasingly inclusive legislative practices. The government, through the Ministry of Law and Human Rights, actively invited input from civil society coalitions, academics, legal practitioners, and human rights organizations from the initial stages of its formulation. The Deputy Minister of Law and Human Rights stated that the involvement of a civil society coalition was crucial in finding the best formulation for the Criminal Procedure Code (KUHAP), ensuring that the resulting legal product reflects the collective aspirations of the Indonesian people.
Public policy expert and Trisakti University Professor Trubus Rahardiansah assessed the introduction of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) as a historic leap, not merely a technical legal matter but also a symbol of state sovereignty. The discussion of the Criminal Code was not a one-off process; rather, it has been deliberated by academics and legal practitioners for decades. The Criminal Code will continue to provide ample space for citizens to express their opinions, including criticism of the government.
Furthermore, Minister of Law Supratman Andi Agtas emphasized that the new Criminal Procedure Code meets the standards of meaningful public participation, as affirmed by the Constitutional Court’s ruling regarding the public’s right to participate in the formation of laws. Nearly all law faculties in the country were involved in providing academic input, while civil society organizations were invited to provide criticism, suggestions, and recommendations on the proposed articles. The government not only opened up space for dialogue but also responded openly to this input during the legislative process. The involvement of these various parties underscores the government’s commitment to no longer implement legal reforms in a closed or exclusive manner. Instead, a collaborative approach is believed to enrich the substance of the Criminal Procedure Code (KUHAP) and simultaneously build stronger public legitimacy for this new regulation. This deliberative process demonstrates the progress of legal democracy in Indonesia, where civil society is not merely an object of change but also plays an active role in the formation of law.
Behind these reforms, the spirit of protecting human rights is a central theme. From the outset, when the draft KUHAP was still under public discussion, the government emphasized that the revision aimed to strengthen the protection of the rights of suspects, witnesses, victims, and the wider community, as well as to eliminate arbitrary practices that had been criticized in the old criminal procedure system. In a discussion forum with activists and academics, Deputy Minister of Law Eward Omar Sharif Hiariej expressed his commitment to ensuring that the new KUHAP fairly balances the authority of law enforcement officers and the constitutional rights of citizens.
The ratification of the new KUHAP Law by the Indonesian House of Representatives (DPR RI) marks the culmination of this long journey. In a plenary session chaired by the Speaker of the House of Representatives (DPR), all members approved the revisions without a vote of opposition, demonstrating a strong political consensus for the modernization of criminal procedure law. The government and the DPR hope that the new Criminal Procedure Code (KUHAP) will work in tandem with the Criminal Code (KUHP), which came into effect on January 2, 2026, so that the Indonesian criminal legal system has a complementary normative framework relevant to contemporary challenges.
The implementation of the new KUHAP has officially begun, supported by the readiness of law enforcement officials, such as the National Police and the Attorney General’s Office, who have prepared operational guidelines and technical training. This cross-institutional coordination demonstrates the government’s commitment to ensuring the effective and accountable implementation of the new regulations, not just the text of the law. The capacity of legal institutions continues to be built through discussions, workshops, and outreach in various regions to ensure that all law enforcement elements understand and fairly implement the new procedural standards.
This transformation has also received a positive response from the wider community. Many groups welcomed the provisions clarifying the legal rights of suspects, including provisions regarding legal assistance, restrictions on coercive measures, and the use of technology in the investigation process, which are regulated in greater detail in the new KUHAP. The restorative approachBoth legal and alternative dispute resolution mechanisms are integrated, seen as part of the vision of progressive justice, namely justice that is not merely punitive, but also restorative, healing, and promotes social balance.
Clearly, the progressive perspective in Indonesian criminal law reform is now increasingly evident, not only in the substance of the regulations, but also in the way they are formulated. Inclusivity, openness, public participation, and the protection of human rights are the main pillars upheld in the drafting of the new Criminal Procedure Code (KUHAP), reflecting the government’s commitment to establishing a more humane and just criminal justice system for all Indonesians without exception.
Thus, the new KUHAP is not merely a legal instrument; it symbolizes the nation’s long journey to strengthen the rule of law through cross-sector collaboration, ensuring that the law is not only enforced but also perceived as just by the wider community.
)* Public Policy Observer