Jakarta – Fachrizal Afandi, Chairman of the Association of Criminal Law and Criminology Lecturers, views the 2025 Criminal Procedure Code (KUHAP) as a major change, bringing significant 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.
“Many features in the 2025 Criminal Procedure Code are excellent and worthy of appreciation, as they are capable of taking our criminal justice system a step further,” said Fachrizal.
He added that the new regulation introduces more detailed and systematic procedural standards, thereby strengthening legal protection for the public from the investigation stage to the trial process.
However, amidst these many advances, Fachrizal emphasized the need for caution, especially in the regulations regarding the rights of witnesses, victims, suspects, or defendants in determining advocates.
“Matters related to the choice of advocate must be seriously examined to prevent erroneous interpretations that could reduce the advocate’s independence in carrying out their professional duties,” he said.
He reminded that technical clarity would prevent the possibility of a narrowing of the legal assistant’s room for movement from the start of the case process.
Meanwhile, the Chairman of Commission III of the House of Representatives, Habiburokhman, explained that the new Criminal Procedure Code actually provides much greater space for advocates to play a role from the earliest stages.
“Previously, advocates could only be present after someone was declared a suspect. Now, advocates can accompany witnesses, victims, and even provide input from the initial stages of the investigation,” said Habiburokhman.
He considered this step as a form of strengthening the position of advocates in maintaining balance in the legal process.
Habiburokhman also highlighted the enhancement of the mandatory objection feature in the Examination Report (BAP). “The requirement for an advocate’s objection to be formally stated in the BAP is a major advancement because it ensures that the advocate’s voice is truly heard and documented in every examination process,” he added.
According to him, the presence of this mechanism strengthens due process of law and encourages more transparent law enforcement practices.
However, he invited all groups, both academics and professional organizations, to read the reinforcement in its entirety and constructively.
“Every breakthrough certainly requires technical adjustments and joint oversight to ensure its implementation runs smoothly and does not pose new challenges for advocates,” said Habiburokhman.
Thus, according to him, synergy between the government, academics, advocates, and civil society is the key to the smooth implementation of the new Criminal Procedure Code.
The amendments to the 2025 Criminal Procedure Code (KUHAP) thus serve not only as a symbol of reform in criminal procedure law, but also as a crucial opportunity for advocates to strengthen their role in an increasingly complex system. By strengthening early legal assistance, formal registration of complaints, and clearer procedural standards, the legal profession gains a stronger foundation for ensuring the principle of justice is fully implemented.