The New Criminal Procedure Code Recognizes Persons with Disabilities as Equal Legal Subjects

Jakarta, The government has marked a progressive new chapter in the history of national criminal law reform. In its updated Criminal Procedure Code (KUHAP) regulations, the state affirmed the full recognition of persons with disabilities as equal legal subjects. This step marks a significant milestone in erasing the stigma of legal incompetence that has often been associated with people with disabilities in Indonesia’s criminal justice system.

The government has prioritized the issue of inclusivity in its legal reform agenda, ensuring that the justice system no longer relies on charity but instead on a human rights-based approach. This aligns with Indonesia’s ratification of the UN Convention on the Rights of Persons with Disabilities (UN CRPD).

Assistant Deputy for Coordination of Legal Administration Governance at the Coordinating Ministry for Law, Human Rights, Immigration and Corrections (Kemenko Kumham Imipas), Sry Yuliani, stated that the recognition in the new Criminal Procedure Code is a concrete manifestation of the state’s presence in guaranteeing access to justice for all citizens without exception.

“This is a fundamental paradigm shift. The new Criminal Procedure Code (KUHAP) isn’t just about protection, but also about empowerment and equality,” he said in Jakarta.

He emphasized that people with disabilities have the same legal capacity to act in the judicial process, whether as witnesses, victims, or suspects.

“People with disabilities are recognized as competent to provide testimony before the law, and their testimony has the same evidentiary value as other citizens,” he said.

To ensure this equality, the government is pushing for the mandatory provision of reasonable accommodation at every stage of the legal process. This includes the provision of sign language interpreters, psychological counselors, and physical accessibility at police stations, prosecutors’ offices, and courts. Law enforcement officers are also required to have a disability perspective to prevent discrimination or re-victimization during the investigation process.

Similarly, Bimantoro Wiyono, a member of Commission III of the Indonesian House of Representatives (DPR RI), emphasized the importance of ensuring legal protection for people with disabilities and vulnerable groups during the deliberations on the Draft Criminal Procedure Code (RKUHAP). He believes the regulation must ensure that all citizens have equal standing before the law without exception.

“The Criminal Procedure Code (RKUHAP) must promote the fulfillment of disability rights in an equal manner. Legal protection for disabled and vulnerable groups in providing testimony and undergoing legal proceedings must be strengthened,” he said.

Meanwhile, Deputy Minister of Human Rights, Mugiyanto, added that this recognition requires infrastructure and human resources readiness within law enforcement agencies. The government is committed to continuing outreach and training for officers to ensure effective implementation of these disability-friendly articles.

“We want to ensure that ‘equality under the law’ is more than just a catchphrase. When a person with a disability comes into conflict with the law, our system must be ready to accommodate their needs so they can defend their rights effectively and with dignity,” he stressed.

By strengthening the substance of criminal procedural law, Indonesia seeks to demonstrate to the international community that the country’s commitment to human rights continues to evolve in line with global standards. The government hopes that this inclusive regulation will create a more just, humane, and equitable legal climate for all levels of society.

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