By: Mustika Annan
The Draft Law on the Criminal Procedure Code (RUU KUHAP) is entering a pivotal stage in Indonesia’s national legislative process. In various official statements, stakeholders from both the legislature and academia have emphasized that the drafting of this bill is not merely a legal agenda, but a reflection of the growing spirit of democracy and openness within the Indonesian Parliament. Transparency and public participation have become the two core principles guiding the deliberation of the Criminal Procedure Bill, as highlighted by figures such as Deputy Speaker of the House Adies Kadir and Chair of Commission III of the House of Representatives, Habiburokhman.
Adies stated that the RUU KUHAP is not being rushed. The House of Representatives is taking a careful and measured approach, considering the critical need for synchronization between the KUHAP Bill and the new Criminal Code (KUHP), which was passed and is set to take effect on January 1, 2026. This alignment is essential since KUHAP serves as the procedural framework for implementing the KUHP within the criminal justice system, directly impacting both substantive and procedural justice on the ground.
Furthermore, Adies stressed that the legislative process involves active participation from various segments of society. The House has opened its doors to input from academics, legal practitioners, and civil society organizations. Public hearings and stakeholder meetings have continued even outside the formal legislative session periods, demonstrating a genuine commitment to inclusive dialogue in shaping aspirational legislation. This also reinforces the notion that the forthcoming criminal procedure law must embody the values of Pancasila and reflect Indonesia’s diverse customs and culture.
Echoing Adies, Commission III Chair Habiburokhman reaffirmed a strong commitment to transparency in the RUU KUHAP deliberations. He assured that all committee meetings would take place at the House of Representatives and be broadcast live through Parliament TV. This initiative allows the public from across the archipelago to witness the legislative process firsthand, ensuring essential public oversight in the formulation of national policies.
In addition, Commission III is committed to continuously gathering public input both before and after the Working Committee (Panja) sessions on the bill. These aspirations are collected through various forums, including seminars and online events such as webinars. For example, on January 23, 2025, the DPR’s Research and Expertise Body hosted a major webinar attended by over 1,000 participants via Zoom and more than 7,300 viewers via YouTube. This reflects the participatory spirit embedded in the KUHAP drafting process.
Substantively, the current version of the KUHAP Bill is seen as a significant improvement over its 2023 predecessor. Professor Dr. Sadjijono, a senior law professor at Airlangga University, emphasized the bill’s critical role as the operational foundation for the implementation of the new Criminal Code. He noted that the initial provisions in Chapter I already show stronger functional differentiation between law enforcement agencies—an important measure to prevent overlapping jurisdictions.
As a legal scholar, Sadjijono also highlighted the essential role of the academic community in overseeing the drafting process. He has prepared a series of recommendations for Commission III, including evaluations of controversial proposals such as the use of crown witnesses. For him, comprehensive academic input is vital to ensure that, once passed, the KUHAP truly becomes a functional legal instrument rooted in justice and human rights principles.
The extended deliberation of the KUHAP Bill indicates that Indonesia’s legislative system is undergoing a transformation toward greater inclusivity and accountability. This marks a historic moment in the reform of Indonesia’s criminal law, reflecting not only normative changes but also a deeper responsiveness to evolving societal needs and legal complexity. The presence of the KUHAP Bill is expected to reinforce the role of criminal procedure as a vital instrument of justice, ensuring legal certainty, utility, and the protection of individual rights within the judicial process.
Through this process, the public can see that legal reform in Indonesia is no longer an exclusive domain of legal elites, but one that invites active participation from all segments of society. The commitment of lawmakers—evident in the efforts of Adies Kadir and Habiburokhman to foster open dialogue and transparency—serves as a crucial foundation for building public trust in the legislative process. Meanwhile, the involvement of scholars like Prof. Sadjijono enhances the academic legitimacy of the draft law’s underlying principles.
With the participatory and transparent spirit shown thus far, the KUHAP Bill holds strong potential to become a landmark in the reform of Indonesia’s criminal justice system. It is hoped that once enacted, the new KUHAP will truly reflect progressive legal justice—rooted in local values and capable of addressing the global challenges faced by Indonesia’s legal system.
The author is a legal observer
