Draft Criminal Procedure Code Regulates Professionalism of Law Enforcement Officers and Restorative Justice
By: Rivka Mayangsari*)
Legal reform is a necessity in a dynamic and civilized legal state system. One of the important agendas currently underway is the discussion of the Draft Law on Amendments to Law Number 8 of 1981 concerning Criminal Procedure Law (RUU KUHAP). This bill is not merely a technical revision, but rather a strategic step in ensuring the professionalism of law enforcement officers (APH) and the protection of human rights through a restorative justice approach.
Renewal of the Criminal Procedure Code is considered very important in responding to the challenges of the times. The criminal procedure law currently in use has been around for more than 44 years. During that time, social, technological, and legal paradigm changes in Indonesia have developed rapidly. However, the criminal justice system often lags behind, opening up gaps for injustice and potential abuse of authority that are still real problems in society.
Minister of Law and Human Rights, Supratman Andi Agtas, revealed that the revision of the Criminal Procedure Code will not significantly change the main duties and functions (tupoksi) of law enforcement officers. He emphasized that the changes in the Criminal Procedure Code Bill are more focused on strengthening the protection of suspects’ rights and the implementation of restorative justice. Supratman assessed that the duties and functions between the police, prosecutors, and courts have hardly changed, so the assumption regarding the expansion of the authority of one of the law enforcement institutions is considered unfounded.
He also stated that the revision of the Criminal Procedure Code this time is dominated by regulations related to the protection of human rights. In addition, he emphasized that the regulation regarding restorative justice will be an important part of this revision, and he hopes that the Ministry of Law will remain at the forefront in overseeing the implementation of the restorative justice concept.
In line with the statement of the Minister of Law and Human Rights, the Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, said that his party is opening up space for public participation in the process of drafting the Criminal Procedure Code Bill so that the resulting legal product truly reflects the principle of justice. He said that the urgency of replacing the Criminal Procedure Code is not only related to adjustments to the new Criminal Code which will come into effect in January 2026, but is also driven by various shortcomings that have been found in the implementation of the old Criminal Procedure Code.
Habiburokhman also appealed to the public to provide input on the Criminal Procedure Code Bill, the draft of which can be accessed through the DPR RI website or by contacting the Secretariat of Commission III of the DPR RI. He explained that all forms of aspirations from the public can be conveyed directly through the secretariat to then be considered in the drafting process.
Furthermore, Habiburokhman explained that so far one of the biggest complaints from the public regarding the Criminal Procedure Code is the minimal protection of the rights of suspects and the limited role of advocates in the legal process. He said that regulations that are too general and broad often create gaps in enforcing the protection of the rights of suspects, so that it is not uncommon for arbitrary detention practices to occur, including allegations of torture during the detention process.
The Criminal Procedure Code Bill, according to him, is expected to be able to complement these shortcomings and at the same time reduce the unrest of public dissatisfaction that has arisen due to the weak legal protection for suspects.
Support for this update also came from the results of a survey by the Indonesian Survey Institute (LSI). LSI researcher, Yoes C Kenawas, revealed that the survey conducted by his party showed that the majority of the public supports the regulation that encourages equality between investigators in the Criminal Procedure Code Bill, especially in terms of qualifications and competence.
He explained that as many as 61.6 percent of respondents in the survey stated that the position of all investigators, both from the police, prosecutors, the National Narcotics Agency (BNN), and Civil Servant Investigators (PPNS), should be equal and have comparable competence. This finding shows that the public wants a transparent, professional, and accountable law enforcement system.
Meanwhile, police observer, Bambang Rukminto, reminded the public of the importance of monitoring the discussion process of the Criminal Procedure Code Bill critically and actively. He reminded that the update of the Criminal Procedure Code is not only a matter of legislation, but is also closely related to supervision of the distribution of authority of law enforcement officers.
Bambang assessed that public control is very necessary to prevent excessive concentration of authority in one law enforcement agency, because this could trigger corrupt practices and abuse of power.
Through a series of statements from stakeholders, it is clear that the RUU KUHAP was designed to mpresenting a more humane justice and oriented towards protecting the human rights of every citizen, especially for those who are in conflict with the law. From strengthening the rights of suspects, implementing restorative justice, transparency of investigations, to equality between investigators, all are designed to create a more just, professional, and dignified justice system.
Thus, it is important for all elements of society to continue to monitor the process of discussing the Criminal Procedure Code Bill so that the spirit of justice, professionalism, and respect for human rights truly become the foundation of the new Indonesian legal system.
*) Legal observer
