By: Abil Hutabarat
The Draft Law on the Criminal Procedure Code (RUU KUHAP) is one of the most important legislative products of the current administration. As a procedural law, KUHAP serves as the main legal instrument regulating the criminal justice process—from investigation, prosecution, and trial, to the issuance of court decisions. Thus, the revision of KUHAP is not merely a technical matter but touches on the fundamental aspects of Indonesia’s criminal justice system. This reform is especially crucial following the enactment of the new Criminal Code (KUHP), which will take effect in January 2026. The new KUHAP is expected to serve as a complementary legal framework aligned with the broader spirit of criminal law reform.
Chairman of Commission III of the Indonesian House of Representatives (DPR RI), Habiburokhman, emphasized that the drafting of this bill has adopted a participatory and transparent approach. He noted that DPR has held numerous public forums, including online seminars attended by more than 7,000 participants, eight public consultations, and dialogues with various stakeholders, including the Supreme Court, academics, civil society organizations, and legal practitioners. These efforts counter accusations that the legislative process was conducted behind closed doors. Habiburokhman stressed the importance of public collaboration to produce a more just, accountable, and human rights-oriented criminal procedure law.
A key element in this revision is the enhancement of fundamental rights within the criminal justice process, particularly for suspects and defendants. The latest draft grants suspects quicker access to legal counsel and allows them to file complaints if subjected to intimidation during interrogation. These innovations reflect a modern legal perspective that places the protection of human rights at the core of the justice system.
Moreover, the protection of witnesses and victims has become a focus in the revised KUHAP. The 1981 version of KUHAP lacked explicit provisions safeguarding the rights of witnesses, leading to many facing intimidation or emotional pressure without legal support. The new KUHAP introduces provisions allowing legal counsel for both witnesses and victims, and empowers lawyers to object to acts of intimidation during legal proceedings. This is a progressive step that affirms the commitment to procedural justice.
The increased role of legal advocates in the new KUHAP also reflects efforts to balance the positions of all actors within the criminal justice system. While previously attorneys were only permitted to accompany suspects, their presence is now extended to support witnesses and victims. Consequently, legal proceedings are no longer disproportionately tilted in favor of law enforcement institutions. Additionally, the new KUHAP mandates the use of surveillance cameras in interrogation rooms to prevent abuse.
Meanwhile, Abdul Chair Ramadhan, Chairman of the Association of Postgraduate Doctors of Law in Indonesia (PEDPHI), stated that revising KUHAP is imperative, given that the existing procedural code has been in use for nearly half a century. According to him, reforming KUHAP is crucial to ensure both procedural and substantive justice. Criminal procedure law, he emphasized, is not solely about punishing offenders, but also about protecting the innocent from arbitrary treatment. Every stage of the criminal justice process must adhere to strict principles of fairness.
The bill also incorporates broader and more systematic applications of restorative justice principles. A dedicated chapter outlines detailed mechanisms to ensure that case resolution prioritizes victim recovery and social reconciliation over mere punishment. Restorative justice in the new KUHAP applies across all stages of proceedings, from investigation to trial, promoting a paradigm shift where healing takes precedence over retribution.
Commission III asserts that the KUHAP reform does not alter the core authority of law enforcement agencies. Functional differentiation is maintained, preserving the separation between police investigation and prosecution by the Attorney General’s Office. This aligns with a Constitutional Court ruling emphasizing the need to prevent the concentration of power in a single institution. Instead, the new KUHAP aims to reinforce integration among components of the criminal justice system through an integrated criminal justice system approach.
Professor Dr. Sadjijono, S.H., M.Hum., a legal expert and professor at Airlangga University, stated that KUHAP must be enacted prior to the new Criminal Code’s implementation on January 1, 2026. He asserted that the new KUHAP is essential to provide implementing guidelines for the newly enacted KUHP.
In essence, the Criminal Procedure Bill represents a foundational step that will define the future of law enforcement in Indonesia. By upholding justice, transparency, and the protection of human rights, the new KUHAP can become a landmark in establishing a democratic and civilized rule of law. The targeted and participatory implementation of this revised KUHAP offers a pathway to justice that benefits not just the state, but also the people at large. The greatest challenge now lies in sustaining the momentum of legal reform so that it may truly fulfill the aspirations of the broader society.
The author is a legal practitioner
