Government Ensures New Criminal Procedure Code Protects Citizens’ Rights and Strengthens Due Process of Law
By: Rudi Hardianto
The ratification of the new Criminal Procedure Code marks a significant chapter in Indonesia’s legal reform journey. The government ensures that the new Criminal Procedure Code is designed to protect citizens’ rights while strengthening the principle of due process of law at every stage of law enforcement. Its enactment, planned alongside the new Criminal Code in January 2026, demonstrates the state’s commitment to building a more just, transparent, and accountable criminal justice system, in line with public demands for humane law enforcement free from abuse of authority.
To date, criticism of law enforcement practices has often focused on the potential for abuse of power by law enforcement officials, particularly during the investigation and inquiry stages. The new Criminal Procedure Code presents a structural correction to this problem by strengthening judicial oversight and control mechanisms. The state no longer solely emphasizes the effectiveness of enforcement but also ensures that every action by officials is subject to the law and can be objectively tested. This approach provides an important foundation for human rights protection in the criminal process.
The government, through the signing of the law by President Prabowo Subianto, affirmed its commitment to restructuring the relationship between state authority and citizen rights. The enactment of the new Criminal Procedure Code (KUHAP) along with the new Criminal Code (KUHP) reflects a comprehensive policy design, where substantive law and procedural law are aligned. Within this framework, regulations regarding abuse of authority by law enforcement officers are a primary focus. The state ensures that every use of authority is in accordance with the purpose for which the authority was granted and not diverted for personal or group interests.
The new Criminal Code regulates official crimes in greater detail and in an integrated manner, including unlawful acts or neglect of duty by officials that harm others. This regulation opens up space for substantive oversight by the courts of officer actions from the early stages of the criminal process. Thus, the principle of due process of law is no longer mere jargon but has become a concrete guideline in law enforcement practice. Every coercive measure, from arrest to detention, must be legally and morally accountable.
The strengthening of due process of law in the new KUHAP is also reflected in increased transparency, one example being the use of surveillance technology such as CCTV during the examination process. This transparency serves a dual purpose: protecting officers who work according to procedures while simultaneously protecting citizens from unlawful interrogation practices. Interrogation recordings serve as an accountability instrument that can be tested by various parties, including during the defense process in court.
From the legislative side, support for the new Criminal Procedure Code also comes with an emphasis on implementation. Rudianto Lallo, a member of Commission III of the Indonesian House of Representatives (DPR RI), believes that the law’s success is largely determined by the understanding and preparedness of law enforcement officers in the field. He emphasized the importance of extensive and ongoing dissemination so that all officers have the same work guidelines and no longer practice abuse of authority. He believes that good regulations must be accompanied by the capacity and integrity of their implementers to truly protect citizens’ rights.
Support from the legal profession, particularly advocates, also strengthens the legitimacy of the new Criminal Procedure Code. The Indonesian Advocates Association (Suara Advokat Indonesia) views this regulation as a step forward in strengthening the principle of due process of law. Harry Ponto, Chairman of the DPN Peradi SAI (Indonesian Advocates Association), believes that the regulations regarding the protection of advocates and the expansion of legal representation rights are important investments in the integrity of the judicial system. In his view, protection for advocates is essentially protection for the community, as advocates play a crucial role in maintaining a balance between state authority and individual rights.
The new Criminal Procedure Code (KUHAP) also expands the right to legal representation not only for suspects, but also for witnesses and victims from the early stages of the legal process. This policy strengthens access to justice and ensures that all parties receive equal treatment before the law. With adequate assistance, the risk of procedural violations and psychological distress during the examination process can be minimized, thereby improving the overall quality of law enforcement.
However, the challenges ahead are significant. Implementing the new KUHAP requires consistent political will, increased institutional capacity, and ongoing public oversight. Without this, the progressive norms enshrined in the law have the potential to cease to be mere legal text. Therefore, collaboration between the government, the House of Representatives (DPR), and the relevant authorities is crucial.Law enforcement, advocacy organizations, and civil society are key to ensuring an effective and balanced transition to the new Criminal Procedure Code.
Ultimately, the new Criminal Procedure Code reflects the state’s commitment to upholding just and civilized laws. By ensuring the protection of citizens’ rights and strengthening due process, the government sends a strong message that law enforcement must not be carried out at the expense of justice. If implemented consistently and with integrity, the new Criminal Procedure Code has the potential to be a significant milestone in building public trust in Indonesia’s criminal justice system.
*The author is a legal observer
