Government Affirms Commitment to Criminal Procedure Code Reform for Human Rights Protection
Jakarta – Discussion of the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP) has officially entered the next stage after the government submitted the Problem Inventory List (DIM) to the Indonesian House of Representatives. The KUHAP Bill now has the status of a DPR initiative, and the discussion process will be continued through a working committee with the government.
One of the main issues in the revision of the Criminal Procedure Code is the non-inclusion of the Preliminary Examining Judge (HPP) in the latest draft of the bill. Supreme Court Justice of the Criminal Chamber of the Supreme Court, Achmad Setyo Pudjoharsoyo, assessed that the presence of HPP plays an important role in preventing potential human rights violations from the early stages. However, the Supreme Court emphasized that it is not forcing this proposal and is ready to exercise its authority if it is determined by the lawmakers.
“HPP can prevent human rights violations by checking the legality and proportionality of coercive measures before they are carried out. This is different from pretrial which is corrective,” he said.
The government openly provides space for constructive input from various parties, including academic figures and legal professional organizations. This is reflected in the statement of the General Chairperson of IKA FH Undip, Asep Ridwan, who assessed the need for substantial reform, including the adoption of the Constitutional Court decision and reform of the pretrial mechanism.
“Pretrial should be able to be a tool to test whether a case is worthy of further processing,” he said.
Asep emphasized the importance of involving various groups in the discussion so that the new Criminal Procedure Code answers the vision of the National Criminal Code and is able to present a legal system that protects human rights and provides legal certainty.
The government also welcomed the aspirations as part of an inclusive legislative process. President Prabowo through Deputy Minister of State Secretary Bambang Eko Suhariyanto has emphasized that the renewal of the Criminal Procedure Code is not merely a technocratic step, but a strategic policy in responding to the legal needs of the people.
“Allow us to convey the message of the President of the Republic of Indonesia, Mr. Prabowo Subianto, a country without a strong and just legal system is a failed country, the law must side with the people and guarantee the rights of every citizen, we must ensure that the legal system we build can be a tool to uphold justice and welfare,” said Bambang.
According to him, the success of the Criminal Procedure Code reform will strengthen the dignified supremacy of law and increase public trust in the judicial process.
The process of drafting the Criminal Procedure Code Bill involves various stakeholders, including state institutions and civil society elements. This bill is expected to be an important foothold in renewing the criminal justice system to be fairer, more transparent, and able to strengthen human rights protection for all citizens.
