Public Supports Criminal Procedure Code Bill to Ensure Investigators Handle Criminal Cases Transparently
By: Saiful Bahri *)
The plan to revise the Criminal Procedure Code Bill (RUU KUHAP) has received widespread support from the public. The government’s steps led by the Ministry of Law and Human Rights in compiling the Problem Inventory List (DIM) show a serious commitment to strengthening a fair, transparent, and humane criminal justice system. The public welcomes the ongoing process positively, especially because the government’s approach not only involves internal state institutions, but is also open to civil society participation.
The Minister of Law and Human Rights, Supratman Andi Agtas, explained that the discussion of the RUU KUHAP continues to maintain a balance of functions between law enforcement agencies without changing its basic structure. This is important so that the changes made do not cause overlapping authority, but rather strengthen existing legal governance. The essence of this revision lies in increasing protection for the rights of suspects and defendants. This legal perspective that favors procedural justice is expected to prevent deviant practices that have often occurred in the field.
In that context, the government has shown a wise step by not rushing to make a final decision. Coordination involving the Supreme Court, Police, Attorney General’s Office, and other institutions is an important foundation so that the preparation of DIM truly reflects national legal needs. The synergy between state institutions emphasizes that the government does not work unilaterally, but rather collectively builds a strong understanding in formulating policies.
From the legislative side, the DPR through Commission III also shows the same openness. The Head of Commission III, Habiburokhman, encouraged the public to provide input on the draft of the Criminal Procedure Code Bill. This open invitation is a sign that the preparation of criminal law regulations is not only the business of the state elite, but is a joint effort to build a more inclusive legal foundation. This policy refutes the assumption that the formation of laws is only carried out behind closed doors without listening to the public’s voice.
The public is aware that the current Criminal Procedure Code is more than four decades old and has not fully answered the needs of the times. Protection for suspects, for example, is considered to be still very minimal and opens up room for abuse of power by certain officers. In the new draft of the Criminal Procedure Code Bill, a number of articles have been significantly revised, including strengthening the rights of suspects in the examination process, legal assistance from the early stages, and the right to access investigative documents transparently. This is a breakthrough that guarantees fair treatment for every individual who comes into conflict with the law.
Not only that, this procedural law reform also includes a restorative justice approach that places recovery as the main orientation for resolving cases. This approach is in line with the values of Pancasila which uphold humanity and deliberation. Restorative justice is not only an alternative solution, but also a reflection of the spirit of law that is adaptive and more in favor of social recovery than mere retaliation.
The public also appreciates the government’s efforts to encourage the active role of advocates by strengthening regulations. So far, the role of legal counsel in criminal proceedings has often been limited, only tasked with accompanying without any room to contribute significantly to the defense. In the draft of the Criminal Procedure Code Bill, advocates are positioned on an equal footing with other law enforcers, and are given more space to ensure that their clients’ rights are not violated. This provision is an affirmation that a healthy criminal law system is not only measured by the effectiveness of law enforcement, but also by the quality of protection of the basic rights of every person.
The government’s steps in prioritizing transparency in the legal process are also the main key to public support. One important aspect is the regulation regarding recordings of suspect examinations. This is a tool of control as well as protection, both for suspects and for officers so that they do not carry out intimidating practices. Provisions like this show that the state is serious about avoiding criminalization and abuse of authority.
Deputy Speaker of the Indonesian House of Representatives, Adies Kadir, also emphasized that the discussion of this bill will not be carried out in a hurry. The commitment to listening to all voices of the community, from various cultural and regional backgrounds, shows the seriousness of the legislative institution in drafting contextual criminal procedural law and reflecting the spirit of diversity. The certainty that the discussion will be carried out carefully provides a sense of security for the community that this law will not ignore the principle of justice that is the basis of national law.
More than thatu, the spirit brought by the discussion of the Criminal Procedure Code Bill is to encourage public trust in state institutions. Through clearer legal regulations, stronger protection, and direct community involvement, the government is re-instilling people’s trust in the justice system. This is a real form of the state’s presence in guaranteeing justice for all citizens regardless of position or power.
As a nation of law, Indonesia needs a criminal procedure law system that is able to answer the challenges of the times, minimize deviations, and uphold justice in its entirety. The Criminal Procedure Code Bill is an important instrument towards this direction. Through a transparent, participatory approach based on the nation’s noble values, the government shows that legal changes are not merely administrative technicalities, but part of a commitment to building a more dignified legal civilization. So it is not surprising that the public has high hopes and gives full support to the process of updating the Criminal Procedure Code Bill as a step forward in realizing true justice.
*) Legal Observer from the Justice Law Institute Foundation
