By Ardiansyah Prasetya Wibawa)*
The revision of the Criminal Procedure Code (RUU KUHAP) has now entered an important chapter in the history of the renewal of the national legal system. The government, through the signing of the Problem Inventory List (DIM) by a number of high-ranking state officials such as Minister of Law Supratman Andi Agtas, Chief Justice Sunarto, Chief of Police General Listyo Sigit Prabowo, Attorney General ST Burhanuddin, and Deputy State Secretary Bambang Eko Suharyanto, has emphasized its commitment to involve the public in the process of discussing the RUU KUHAP openly and inclusively. This momentum not only marks the beginning of the reform of Indonesian criminal procedure law, but also illustrates a strategic step to realize a criminal justice system that is adaptive to the development of the times and the needs of society.
For more than four decades, the Criminal Procedure Code has been the backbone of criminal procedure law in Indonesia. The Criminal Procedure Code was born to replace the Herzien Inlandsch Reglement (HIR), a colonial legal product that was no longer relevant to the spirit of independence and democracy. However, over time, the Criminal Procedure Code itself has experienced limitations in responding to the challenges of modern law. Technological developments, societal dynamics, and changes in the state structure demand a comprehensive update to the criminal justice system. Therefore, legal reform through the Criminal Procedure Code Bill is a necessity, not just an option.
Minister of Law Supratman Andi Agtas said that the drafting of the Criminal Procedure Code Bill was a response to the need for a more responsive law that is oriented towards protecting human rights. The signing of the DIM is the culmination of collaborative cross-sector efforts in designing a fairer and more efficient criminal procedure system. This effort shows that the government is not working in secret, but rather by involving law enforcement agencies, academics, and the community in drafting the substance of the legal changes.
One important aspect of this update is the government’s commitment to open up space for public participation. An inclusive legislative process is key to ensuring that the final results of the Criminal Procedure Code Bill truly reflect the interests and aspirations of the community. In this regard, the Indonesian House of Representatives as the government’s legislative partner also promised that the discussion of the Criminal Procedure Code Bill would be conducted openly. Deputy Speaker of the Indonesian House of Representatives, Sufmi Dasco Ahmad, emphasized that the public would be given access to developments in the discussion through online pages and public consultation forums, so that transparency and accountability could be maintained.
Attorney General ST Burhanuddin also emphasized the importance of the principle of “ checks and balances ” in establishing a healthy criminal justice system. The balance between law enforcement agencies – from the police, prosecutors, courts, to correctional institutions – is crucial to ensure that there is no abuse of authority. This also ensures that the legal process does not only pursue legal certainty, but also upholds substantive justice and the protection of citizens’ rights.
The Criminal Procedure Code Bill is expected to be the foundation for the implementation of the new Criminal Code (KUHP). Both must run in harmony so that the national criminal law system is not lame. In this context, the renewal of the Criminal Procedure Code is not just about replacing articles by articles, but rather restructuring the paradigm of law enforcement that is more humane, professional, and oriented towards restoring justice.
Chief Justice Sunarto and Chief of Police General Listyo Sigit Prabowo also took a strategic role in ensuring a solid integration of the justice system. With the synergy between law enforcement agencies in this legislative process, the renewal of the Criminal Procedure Code becomes more holistic and implementable. Not only the normative aspects are considered, but also the effectiveness of its implementation in the field, starting from the investigation level to the execution of court decisions.
Furthermore, this criminal procedure law reform is part of the big agenda of enforcing the supremacy of law in Indonesia. The government shows that in a democratic state of law, the law is not only a tool of power, but also a protector of citizens’ rights. Therefore, public participation in the discussion of the Criminal Procedure Code Bill is not a mere formality, but a form of recognition of the role of the people in the formation of national law.
The RUU KUHAP must be a living legal document, capable of responding to the challenges of the times and siding with social justice. There must be no more room for criminalization, abuse of authority, or legal practices that violate human rights principles. In this context, the involvement of civil society, legal professional organizations, and academics is very important to provide constructive input and criticism.
By actively involving the public, the government not only realizes transparency, but also strengthens the legitimacy of the law itself. A legal product that is formed through a participatory process will be more respected and obeyed by the community, because they feel they have a part in its formation.
Ultimately, the renewal of the Criminal Procedure Code is not merely a matter of legal technicalities, but is part of the nation’s long journey in building legal civility. The government’s steps in opening up public participation should be appreciated as a manifestation of inclusive and democratic legal reform. The hope is that the Criminal Procedure Code Bill will truly become an instrument of justice that is not only strong on paper, but also real in its implementation in the field.
)* the author is an observer of public law policy
