By Indah Yulianti )*
The newly enacted Criminal Procedure Code (KUHAP) represents a significant chapter in Indonesia’s legal reform journey. The new KUHAP is considered promising because several updated provisions not only improve the judicial mechanism but also strengthen the public’s position at every stage of the legal process. These updates are not merely technical changes, but strategic steps to ensure that the law operates in harmony with the principles of substantive justice.
One important aspect of the new Criminal Procedure Code (KUHAP) is the affirmation of the law’s role, which is more oriented toward restoration, rather than just punishment. Budi Suharyanto, a researcher from the Legal Research Center of the National Research and Innovation Agency (BRIN), believes that the implementation of restorative justice is a crucial element in enhancing the public’s sense of justice.
Restorative justice has long been considered an approach capable of reducing the potential for excessive sanctions, particularly for the poor who often lack optimal access to legal aid. Therefore, the introduction of the new Criminal Procedure Code (KUHAP) is expected to strengthen the legal basis for implementing this approach in a more systematic and measurable manner.
Reforming the Criminal Procedure Code (KUHAP) requires not only clear regulations but also support for an integrated and well-functioning justice system. The new KUHAP is expected to address these issues and strengthen the integrated criminal justice system, ensuring a balance between the rights of the public and the authority of the authorities.
The Chairman of the Indonesian Advocates Association (Peradi SAI), Harry Ponto, stated that in addition to strengthening restorative justice, the new Criminal Procedure Code (KUHAP) also brings fundamental changes to strengthen the professionalism of law enforcement officers. According to him, this new regulation provides significant momentum to improve the performance of police, prosecutors, and advocates. Professional law enforcement will be key to creating an objective, transparent, and non-discriminatory legal process. With improved standards, the new KUHAP provides opportunities for all officers to work based on more modern and accountable legal principles.
Equally important is strengthening the public’s right to legal representation from the investigative stage. Numerous cases demonstrate that the public is often placed in a vulnerable position due to a lack of understanding of their rights. The presence of an advocate from the outset of the investigative process not only provides legal protection for the public but also serves as an independent check to ensure the investigation does not deviate from the principles of justice. Advocates are also given the opportunity to raise objections if there is intimidation or unprofessional treatment of those they represent. This step reflects the state’s strong commitment to improving the law enforcement climate to be more civilized and in favor of human rights.
Legal practitioner Dhifla Wiyani also highlighted the strengthening of public rights in the new Criminal Procedure Code. She believes this new regulation provides an additional layer of protection for citizens facing criminal cases. One important provision she cited is Article 31, which mandates investigators inform suspects of their right to legal assistance or legal representation before the start of an examination. This regulation strengthens the public’s position before the law, and the investigation process has clearer ethical and legal boundaries.
The new Criminal Procedure Code (KUHAP) is a breath of fresh air for the development of Indonesian law. According to him, the various new provisions make the national legal system more modern and responsive to the needs of society. This reform not only addresses formal procedures but also strengthens the essence of protecting every citizen. In a state governed by the rule of law, justice should not be reserved for the powerful or those with access to justice, but should be enjoyed by all levels of society without exception.
The successful implementation of the new Criminal Procedure Code (KUHAP) depends not only on the quality of its regulations, but also on the commitment of law enforcement officials to carrying out the law’s mandate. Strengthening public rights must be the primary focus of every investigation, inquiry, and trial. Internal and external oversight must be strengthened to ensure legal practice truly reflects the spirit of reform advocated by the new KUHAP. Without adequate oversight, legal reform risks remaining merely normative.
Furthermore, public outreach must be a priority. Many new rights are granted by the Criminal Procedure Code (KUHAP), but their benefits will be limited if the public is unaware of or does not understand these provisions. The government, law enforcement agencies, legal professional organizations, and academics are collaborating to ensure that information regarding the new KUHAP is widely disseminated and easily understood.
The new Criminal Procedure Code (KUHAP) will be a key instrument for promoting a more humane, modern, and equitable justice system. This reform reflects the state’s commitment to positioning the public as protected legal subjects, not merely objects of the criminal process. By strengthening public rights and enhancing the professionalism of law enforcement officials, the new KUHAP paves a new path for more progressive and adaptive legal reform in Indonesia, addressing the needs of the times. The new KUHAP marks a significant milestone in building public trust in legal institutions and strengthening the foundations of a democratic state based on the rule of law.
)* The author is a law student at UPNVJ