By: Indira Sari )*
The government continues to strengthen its commitment to building a fair, modern, and transparent national criminal justice system. One concrete manifestation of this step is the update of the Draft Law on the Criminal Procedure Code (RUU KUHAP) which will complement the enactment of the new Criminal Code in 2026. This update is not only important as an effort to harmonize regulations, but also a strategic instrument to ensure that the legal process in Indonesia runs openly, humanely, and fairly.
The Criminal Procedure Code Bill carries an approach that reflects the development of the modern criminal law paradigm, where the legal process is no longer merely a tool for retaliation or punishment. The government in this case views that criminal procedure law must act as a bridge between effective law enforcement and protection of human rights. Therefore, the principles of corrective, restorative, and rehabilitative justice are the main spirit that shapes the direction of policy in the revision of the law.
Deputy Minister of Law and Human Rights, Edward Omar Sharif Hiariej, assessed that the transformation of the criminal justice system currently being implemented is on the right track. He views that the three forms of justice promoted by the government provide a balanced orientation between perpetrators and victims. Corrective justice is aimed at making perpetrators aware of being responsible for their actions, restorative justice provides space for victims to receive recovery, while rehabilitative justice aims to create healthy social reintegration for both parties.
The government realizes that this reform cannot be implemented partially. Therefore, the Criminal Procedure Code Bill also contains a larger vision. The democratization vision, for example, emphasizes that the legal process must provide protection for freedom of opinion and expression, of course with a clear legal corridor. In addition, there is also a decolonization vision that is the basis for freeing the national legal system from the shadow of colonial heritage that is no longer in accordance with the spirit of independence. Harmonization is also the main mission, namely integrating various criminal provisions outside the Criminal Code so as not to cause norm conflicts.
In line with this spirit, the Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, as emphasized the importance of the existence of the new Criminal Procedure Code as a supporting instrument for the national Criminal Code. For him, the Criminal Procedure Code is not only a matter of technical procedures, but also a reflection of the philosophy of criminal law that prioritizes social justice and protection of individual rights. He emphasized that strengthening restorative justice in the Criminal Procedure Code Bill is proof of the government’s seriousness in providing a more contextual legal approach to the dynamics of society.
The importance of restorative justice arrangements in the Criminal Procedure Code is also highlighted as a form of renewal that reaches the substance. This mechanism is no longer understood narrowly as a means of peace between perpetrators and law enforcers, but rather as a process that ensures the involvement of victims in every stage of case resolution. In practice, this approach not only stops the legal process, but also ensures that the interests and losses of victims are truly taken into account and restored.
Legal expert from Trisakti University, Abdul Fickar Hadjar, said that criminal procedure law reform cannot be separated from the need for more comprehensive justice. According to him, the revision of the Criminal Procedure Code is a must because society and legal challenges continue to change. He emphasized that restorative justice must be placed in the framework of victim protection, not as a loophole that can be misused by officers to avoid the actual judicial process. Therefore, clarity of the rules is important so that there is no distortion of understanding in the field.
Furthermore, he reminded that the spirit of justice in the revision of the Criminal Procedure Code should not only be procedural, but must be able to become substantive protection for citizens. One important aspect of this is transparency in every stage of the legal process, from investigation, prosecution, to trial. In this context, the new Criminal Procedure Code must ensure that case information can be easily accessed by interested parties and that the legal process is not carried out in a closed or discriminatory manner.
The Criminal Procedure Code Bill also brings innovation in the form of modernizing the criminal justice system. Although imprisonment remains the main punishment, the government encourages this sanction to only be imposed in cases that are truly serious and have a major impact on the public or state interest. On the other hand, for minor violations, the imposition of punishment in the form of community service or supervision is considered more proportional. This paradigm reflects an effort to reduce the overcapacity of correctional institutions and maximize the rehabilitative function of criminal sanctions.
With this framework, the revision of the Criminal Procedure Code is not merely an administrative update, but a real manifestation of a legal system that supports the values of justice. The government does not only focus on the effectiveness of law enforcement, but also on the quality of the process and the final results that reflect certainty, benefit, and justice.
In the remaining time before the new Criminal Code comes into effect, the government’s steps to finalize the RUU KUHAP are a major determinant in national legal reform. With the support of stakeholders, academics, and civil society, this legislative process is expected to be able to answer the public’s need for a legal system with integrity and transparency. This is a golden momentum to emphasize that the law in Indonesia is truly present to serve justice, not just to impose punishment.
)* Public Policy Observer
