Jakarta – The deliberation of the Draft Criminal Procedure Code (RUU KUHAP) has once again come into the spotlight as the Indonesian House of Representatives (DPR RI) for the 2024–2029 period reiterates its commitment to developing a more just and modern legal framework. One of the central focuses of the bill is to strengthen the role of defense lawyers within the criminal justice system and reinforce their function as guardians of human rights.
In a public discussion titled “Optimizing the Role of Lawyers as Guardians of Human Rights in the Criminal Procedure Bill,” senior partner of LSM Law Office, Todung Mulya Lubis, emphasized that in an imperfect legal system, lawyers bear a moral and professional duty to continue fighting for justice.
“If there’s a hierarchy between law and justice, I will always choose justice,” he stated.
Todung also warned against the threat of rule by law—where law becomes a tool of oppression—underscoring the importance of upholding rule of law as a guarantee for substantive justice.
“Our legal ecosystem remains vulnerable to corruption, and the revision of KUHAP must aim to close these loopholes,” he added.
In agreement, lawyer Albert Aries referred to KUHAP as a “mini constitution” within Indonesia’s criminal justice system. He urged that the bill must explicitly regulate lawyers’ immunity—legal protection for attorneys who carry out their duties in good faith.
“We must ensure that lawyers acting in good faith are not criminalized for doing their jobs,” he asserted.
Albert also stressed the need to prevent abuse of power by law enforcement and called for strict oversight of bribery within the judicial process.
“If opportunities for bribery persist, people will view bribing as cheaper than paying substitute criminal fines worth trillions,” he warned.
Meanwhile, lawyer Tony Budidjaja emphasized that attorneys must serve as the voice of the voiceless, advocating for those without access to justice. He also highlighted the importance of transparency in court proceedings, citing the unexplained replacement of a chief judge by a district court head as an example of weak judicial accountability.
“Such practices indicate the fragility of our judicial accountability and leave space for judicial mafia practices,” he stated.
Throughout the legislative process, Commission III of the DPR has opened broad avenues for public participation through various consultation initiatives, involving academics, civil society organizations, and law enforcement institutions. This demonstrates that the drafting of the Criminal Procedure Bill is being carried out inclusively and transparently.
By strengthening the role of lawyers and ensuring the protection of human rights, the RUU KUHAP is expected to foster a more equitable, corruption-free, and people-oriented legal system.
