Criminal Procedure Code Bill Affirms State Commitment to Protecting Human Rights in Legal Process
By: Fikri Setiawan )*
The government has shown a strong commitment to reforming the criminal justice system by pushing for the ratification of the Draft Law on the Criminal Procedure Code (RUU KUHAP). This update is not merely an adjustment to the new Criminal Code (KUHP), but also a strategic step to ensure that human rights (HAM) protection is increasingly guaranteed at every stage of the legal process.
The Deputy Minister of Law and Human Rights, Edward Omar Sharif Hiariej, assessed that the old KUHAP was still full of a control approach to crime, which prioritized the speed and quantity of case resolution without sufficiently considering the principle of due process of law. This is considered inconsistent with the direction of modern legal development which should make individual protection from potential arbitrariness the mainstay. He also emphasized that the ratification of the new KUHAP must be carried out before the new Criminal Code comes into effect in January 2026 so as not to create a legal vacuum that is detrimental to the law enforcement process, especially regarding the legitimacy of detention measures.
The paradigm of Indonesian criminal law has now shifted from the spirit of retaliation to restoration and improvement, by prioritizing corrective, restorative, and rehabilitative values. This paradigm shift demands a more humane procedural law system that upholds the principle of substantive justice. Therefore, the new Criminal Procedure Code is designed as an instrument that is able to provide comprehensive protection for the rights of suspects, defendants, and convicts, without ignoring the need for effective law enforcement.
Edward highlighted that the old Criminal Procedure Code did not include the principle of the presumption of innocence in its body, but only in the general explanation section. In addition, many legal obligations were not accompanied by sanctions when violated by law enforcement officers. This opened up loopholes for abuse of authority and weakened the position of individuals in the legal process. By prioritizing the principle of written, clear, and strict procedural law, the new Criminal Procedure Code is directed at correcting this normative vacuum.
Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, also viewed that the preparation of the new Criminal Procedure Code was an important step to strengthen human rights protection in the realm of criminal justice. He emphasized that the main obstacle was not only at the regulatory level, but also in its implementation. Many basic rights of suspects are often neglected, including the right to legal assistance or the right not to be arbitrarily detained. In public consultations with civil society, he assessed that the Criminal Procedure Code should function as a balance between the firmness of the law and the protection of individual rights.
He also highlighted the importance of strengthening the role of legal counsel in assisting suspects. According to him, many practices in the field still limit the freedom of advocates, even in the initial examination stage. For this reason, the Criminal Procedure Code Bill is encouraged to emphasize the position of advocates as an integral part in ensuring fair legal protection.
One of the crucial ideas in the revision of the Criminal Procedure Code is strengthening the restorative justice approach. Habiburokhman assessed that this approach is not only able to resolve cases more peacefully, but also becomes a concrete solution to the problem of overcapacity of correctional institutions. Many minor criminal cases can actually be resolved outside the formal criminalization mechanism, especially if they involve social conflict, hate speech, or minor violations that are more appropriately resolved through dialogue and recovery.
Meanwhile, Coordinating Minister for Political, Legal, and Security Affairs, Yusril Ihza Mahendra, stated that the new Criminal Procedure Code will reflect the mandate of the amended constitution, especially in terms of guaranteeing human rights. He explained that the draft of the Criminal Procedure Code that was prepared has set a maximum time limit for suspect status, which is two years. This provision is presented to avoid the practice of determining a legal status that is hanging and causes a prolonged psychological burden on individuals.
Yusril also emphasized that the new Criminal Procedure Code does not only function as a tool for protecting human rights, but also provides legal certainty and justice. According to him, the preparation of the Criminal Procedure Code has accommodated various developments in the era and improvements to previous regulations that were considered not yet adaptive to the dynamics of modern society. Yusril’s personal experience in testing several articles of the old Criminal Procedure Code at the Constitutional Court strengthens his belief that a comprehensive revision of criminal procedure law is indeed very necessary.
With various new approaches adopted in the Criminal Procedure Code Bill, the government shows that this update is not only procedural, but is a real form of the state’s commitment to upholding the supremacy of law that sides with justice and humanity. Protection of human rights is no longer just a discourse, but is translated systematicallyis into the regulation that will shape the face of Indonesian criminal justice in the future.
By paying attention to the principle of due process of law, recognition of the role of advocates, a firm time limit for the legal process, and the opening of restorative justice space, the new Criminal Procedure Code is a symbol of the transformation of national law that is fairer, more transparent, and more civilized. The government together with the legislature and all stakeholders have laid an important foundation for the formation of a justice system that is not only strong in law enforcement, but also wise in protecting the rights of every citizen.
)* Legal Science Observer
